양수금
1. The defendant shall pay 90,000,000 won to the plaintiff and 20% per annum from August 25, 2005 to the day of complete payment.
1. The facts alleged by the Plaintiff as the cause of the instant claim do not conflict between the parties, or can be acknowledged by comprehensively considering the overall purport of the pleadings in each of the entries in Gap evidence Nos. 1 and 3.
2. Determination
A. According to the above facts, the defendant is obligated to pay to the plaintiff 90,000,000 won, which is part of the principal and interest of the judgment of this case, and damages for delay calculated at the rate of 20% per annum from August 25, 2005 to the day of full payment.
B. As to this, the Defendant asserts to the purport that the Plaintiff’s claim is unjustifiable on the grounds that he/she was declared bankrupt and exempted from liability under the Do Government District Court Nos. 2010Hadan4025 and 2010Ha4025, which was the representative director.
However, even if the defendant is dissolved in accordance with the Commercial Act, if it is necessary to adjust in reality due to the existence of legal relationship, the defendant's legal personality is not completely extinguished and has no ability to pay to the defendant.
Since the plaintiff's claim cannot be deemed unfair solely on the ground that the representative or the representative was declared bankrupt or exempted from liability, the defendant's above assertion is without merit.
3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning.