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(영문) 부산지방법원 동부지원 2018.04.26 2017가단219555

양수금

Text

1. The defendant shall pay to the plaintiff KRW 170,342,432 as well as KRW 167,372,092 as well as from November 28, 2005 until February 27, 2006.

Reasons

1. Facts of recognition;

A. On October 17, 2007, the Korea Technology Finance Corporation (Korea Technology Finance Corporation prior to the alteration) filed a lawsuit against the defendant, such as the amount of reimbursement, etc. at Busan District Court 2005Kahap25666, and the above court rendered a ruling to the Korea Technology Finance Corporation that "The defendant shall pay 14% per annum from November 28, 2005 to February 27, 2006, 16% per annum from the next day to February 27, 2006, and 20% per annum from the next day to the date of full payment." The above ruling became final and conclusive on August 13, 2008.

B. On September 27, 2012, the Korea Technology Finance Corporation transferred its claims against the Defendant to the Plaintiff, and notified the transfer of claims by content-certified mail on November 1, 2012.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1-1, 2, Gap evidence 2-1, and 3, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 176,20,622 won and 173,250,282 won among them with 14% per annum from November 28, 2005 to February 27, 2006, 16% per annum from the next day to March 8, 2006, and 20% per annum from the next day to the day of full payment.

Although the defendant was already dismissed by the defendant corporation, the representative liquidator B received a decision of bankruptcy and immunity, the defendant was dismissed by the corporation.

Even if a representative liquidator exists as a liquidation corporation within the remaining scope of business, and the bankruptcy or immunity decision of the representative liquidator does not have the effect against the defendant who is a corporation.

3. According to the conclusion, the plaintiff's claim is accepted on the ground of the reasons.