beta
(영문) 부산지방법원 동부지원 2018.06.12 2018가단2501

대여금등

Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd.: KRW 80,162,935 and KRW 33,070,097 among them:

B. Defendant B shall be 168,00.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 10, the facts identical to the statement in the reasons for the claim (However, "creditor" and "debtor" shall be deemed the defendant) can be acknowledged. Thus, the defendant A Co., Ltd. shall pay to the plaintiff the amount of KRW 80,162,935 [the amount of KRW 22,283,369 [the amount of KRW 21,454,869 [the amount of KRW 828,500 [the principal] interest KRW 21,454,869]. The amount of KRW 57,879,566 [the principal] interest KRW 32,241,597 [the amount of KRW 25,637,969]] and the amount of KRW 33,070,097 [the amount of KRW 828,500, KRW 241,597], Defendant B shall be jointly and severally paid the principal amount of KRW 168,2300.8.28.

2. The Defendants asserted to the effect that they cannot respond to the Plaintiff’s claim on the grounds that Defendant A Company was in default and is dissolved. However, even a company that is deemed dissolved and its liquidation is deemed to have been completed pursuant to Article 520-2 of the Commercial Act, if any legal relationship remains and it is necessary to be arranged in reality, it shall not be completely extinguished within the said scope (see, e.g., Supreme Court Decision 2000Du5333, Jul. 13, 2001). The Defendants’ assertion is without merit.

3. If so, the plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.