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(영문) 부산지방법원동부지원 2017.08.10 2017가단206252

양수금

Text

1. The defendant shall pay to the plaintiff KRW 110,464,135 as well as KRW 97,672,278 as to the plaintiff. From November 7, 1996 to January 31, 1998.

Reasons

According to the purport of evidence Nos. 1-1, 2, 12, and 3 as well as the whole pleadings, Nonparty Credit Guarantee Fund shall provide credit guarantee to the Defendant on May 16, 1995, and shall pay 108,428,081 won to the Japan Bank on November 7, 1996, and by filing a lawsuit against the Defendant for indemnity with the Seoul Central District Court 2006No375172, the Plaintiff shall pay 110,464,135 won and 97,672,278 won annually from the above court until 20.5% of the annual amount of 10.5% from the date of November 7, 1996 to January 31, 198, the Plaintiff shall receive 17% of the annual amount of 10,50% from the above court until 10.5% of the annual amount of 10.15% from the date of 195% until the date of August 19, 198.

Therefore, the defendant is obligated to pay to the plaintiff 110,464,135 won and 97,672,278 won among them with 17% per annum from November 7, 1996 to January 31, 198, 197 to August 31, 1998, 25% per annum from February 1, 1997 to August 31, 1998, 20% per annum from September 1, 1998 to December 31, 1998, 18% per annum from January 1, 199 to May 31, 2005, and 18% per annum from June 1, 2005 to December 23, 2006 to December 24, 2006.

The representative liquidator B of the defendant asserts to the effect that the defendant corporation was liquidated on December 4, 2004 and did not exist, and that B was granted immunity by Do Government District Court 2007Da9794, and thus, the plaintiff's claim is unreasonable.

However, even if the registration of the completion of liquidation of a corporation is completed, the liquidation corporation shall continue to exist within the scope of the liquidation, and the decision to grant immunity to the representative liquidator of the defendant shall not affect the corporation.