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(영문) 서울서부지방법원 2016.09.27 2016가단236981
양수금
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 100,000,000 as well as to the day of full payment from February 13, 2016 to the day of full payment.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1 through 4 (including additional numbers), the National Bank Co., Ltd. loaned money as industrial foundation fund to defendant A Co., Ltd. (hereinafter referred to as the "Defendant Co., Ltd.") on Feb. 27, 1993; on Nov. 4, 2004, the National Bank transferred the above loan claim against the defendant Co., Ltd. to Solomon Mutual Savings Bank; on Mar. 2, 2006, Solomon Mutual Savings Bank filed a lawsuit against the defendants as to the defendant Co., Ltd. under Seoul Central District Court No. 2005Gahap24320, and filed a lawsuit against the defendants on Mar. 2, 2006, the defendant Co., Ltd. was won, but the judgment against the defendant Co., Ltd. was finalized, but the above judgment against the defendant Co., Ltd. was finalized; and on Apr. 16, 2016.

2. According to the above facts of recognition, the Defendant Company is obligated to pay 100,000,000 won, which the Plaintiff seeks from February 13, 2016 to the day of full payment, and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which the Plaintiff seeks, to the day of full payment.

Although the Defendant Company asserts that the period of extinctive prescription has already been settled and that the liquidation affairs have not yet been completed even if the registration of the completion of liquidation was made, it exists in the liquidation corporation to the extent that the liquidation affairs have not been completed. The Defendant Company’s assertion is without merit since it is apparent that the Defendant Company’s assertion was filed on February 23, 2016, prior to the expiration of ten years from the date of the above judgment, since Solomon Mutual Savings Bank (Seoul Central District Court 2005Gahap24320) filed a lawsuit against the Defendants by filing a winning judgment on March 2, 2006.

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