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(영문) 서울중앙지방법원 2021.02.09 2020가단5249175
구상금
Text

The Defendant’s KRW 37,673,123 and KRW 37,672,915 among the Plaintiff and KRW 10% per annum from June 11, 2020 to October 16, 2020.

Reasons

Attached Form

Unless there exist any special circumstances, the Defendant is obliged to pay to the Plaintiff delay damages calculated at each rate of 10% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., from June 11, 2020 to October 16, 2020, on the records that the Plaintiff is to serve a copy of the complaint of this case as to the total amount of KRW 37,673,123 of the amount of indemnity and KRW 37,672,915 of the amount of indemnity, barring any special circumstance.

The defendant asserts that it is impossible to respond to the plaintiff's claim since it was piracy.

However, the company continues to exist within the scope of the purpose of liquidation until the liquidation work is completed even after the dissolution (Article 245 of the Commercial Act), and the circumstance that the defendant was dissolved does not affect the plaintiff's claim for indemnity against the defendant.

Therefore, the defendant's assertion is without merit.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition.

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