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(영문) 부산지방법원동부지원 2020.03.10 2019가단211074
구상금
Text

1. As to KRW 172,654,199 and KRW 172,654,148 among the Plaintiff, the Defendant shall annually pay to the Plaintiff the amount of KRW 172,654,148 from January 24, 2019 to April 9, 2019.

Reasons

1. The facts of the reasons for the recognition of the facts of the claim (Provided, That the "creditor" shall be "Plaintiff", "debtor" shall be "Defendant") and the facts that the defendant agreed to pay to the plaintiff the damages for delay calculated at the rate of 10% per annum from the date of subrogation to the date of full payment when the plaintiff performed the guaranteed obligation, may be recognized either in dispute between the parties or in full view of the purport of the whole arguments in Gap 1 and 6.

2. Determination

A. 1) The defendant asserts to the effect that the registration for the completion of liquidation was completed with respect to himself/herself, and that the lawsuit in this case is unlawful as it is against a person who has no capacity to be a party. 2) However, even where the registration for the completion of liquidation was completed with respect to a corporation, if it cannot be said that the liquidation is completed, it shall be deemed as a liquidated juristic person.

(2) In light of the aforementioned legal principles, the Defendant is still competent to have legal capacity, since the instant lawsuit against the Defendant seeking payment of the instant claim is pending, as long as the instant lawsuit against the Defendant seeking payment of the instant claim has been pending, even if the registration for the completion of liquidation was completed with respect to the Defendant, it is reasonable to deem that the Defendant still has legal capacity as a party to the instant lawsuit. The Defendant’s main defense is without merit. (B) According to the determination on the cause of the claim, the Defendant’s legal interest rate of KRW 172,654,199 as well as KRW 172,654,19 as well as KRW 172,654,148 as of the date of subrogation from January 24, 2019 to April 9, 2019, which is the date of service of the original copy of the instant payment order, from the next day of the date of service of the original copy of the instant payment order, to May 31, 2019 to the date of delivery of the original copy of the instant payment order.

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