양수금
1. The defendant shall pay to the plaintiff 123,285,078 won and 41,128,960 won among them, from November 10, 2014 to the day of complete payment.
1. The defendant company in the judgment on this safety defense (hereinafter "the defendant company") asserted that the lawsuit of this case is unlawful as there is no interest in the lawsuit of this case since the defendant company was dissolved and extinguished after the liquidation of the defendant company. However, even if the corporation is dissolved and its liquidation is deemed to have been completed pursuant to Article 520-2 of the Commercial Act, if there is a need to adjust any legal relationship in reality, it shall not be completely extinguished to the extent that
Therefore, as seen earlier, insofar as the Plaintiff has a claim against the Defendant Company for the amount of money transferred (see, e.g., Supreme Court Decision 94Da7607, May 27, 1994), the Defendant Company does not have any interest in the lawsuit even if the liquidation is completed.
Therefore, the above defense of the defendant company cannot be accepted.
2. Judgment on the merits
A. The fact that the Plaintiff acquired the entire claim against the Defendant Company of one Bank listed below and notified the Defendant Company of the transfer is not a dispute between the parties.
The loan balance of the first transferring institution and the principal debtor’s original debtor’s original debtor’s original debtor’s original debtor’s original debtor’s original debtor’s original debtor’s loan amounting to 123,285,078 won on October 31, 201, 201, one bank’s defendant company, including the principal and interest of the loan amount on November 21, 2005, 205, 41,128,960 won; < Amended by Presidential Decree No. 19813, Nov. 21, 2006; Presidential Decree No. 1980
B. According to the above facts, the defendant company is obligated to pay to the plaintiff 123,285,078 won in total and 41,128,960 won in total and interest of the loan, as claimed by the plaintiff, delay damages calculated at the rate of 17% per annum from November 10, 2014 to the date of full payment.
3. Thus, the plaintiff's claim is accepted on the ground of its reasoning.