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(영문) 서울고등법원 2018.05.29 2017나2058817
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) The Human Deposit Management Foundation Act was repealed by Act No. 14095, Mar. 22, 2016, and was in force on September 23, 2016.

The Microfinance Foundation Act (hereinafter referred to as “Dormant Foundation Act”).

(1) The Dormant Foundation Act and the Enforcement Decree of the Dormant Foundation Act (amended by Presidential Decree No. 27511, Sept. 22, 2016) have been repealed on Oct. 6, 2016; the Dormant Foundation Act and the Enforcement Decree of the Dormant Foundation Act (amended by Presidential Decree No. 27511, Sept. 22, 2016) have been repealed and implemented on September 23, 2016.

(2) As the Microfinance Foundation Act was repealed as above and the Microfinance Support Act was enacted and implemented on September 23, 2016 (amended by Act No. 14095, Mar. 22, 2016; hereinafter “ Microfinance”), the Defendant comprehensively succeeded to the rights and obligations of Microfinance Foundation, a legal entity established on September 23, 2016 during the first instance trial proceeding, and the Microfinance Foundation’s Microfinance Foundation’s rights and obligations.

(C) The Plaintiff comprehensively succeeded to all the property, rights, and obligations of the Small Enterprise Promotion Agency established on January 3, 2014, as the Small Enterprise Promotion Agency, etc. was dissolved pursuant to Article 3 of the Addenda to the Act on Special Measures for the Support of Small and Micro Enterprises (hereinafter “Defendant”), without distinguishing between the Small Enterprise Promotion Agency and the Plaintiff for convenience.

(B) The main provisions related to the special measures for supporting small and micro enterprises and the Plaintiff’s business among the Enforcement Decree of the same Act are as shown in attached Table 2. B. The Defendant, etc. entered into a welfare project support contract between the Plaintiff and the Defendant, etc. (i) the Defendant, on January 28, 2009, shall recruit welfare service providers to engage in credit loan business to support the start-up or employment of the low

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