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1. The Plaintiff:
A. As to KRW 158,366,921 and KRW 31,980,781 among them, Defendant A Co., Ltd. from June 9, 2009 to KRW 31,980,781.
Reasons
The cause of the instant claim is the same as the entry of the cause of the instant claim changed in the separate sheet, and there is no dispute between the parties as to the facts of the cause, or it can be recognized in full view of the purport of the entire pleadings as to the entries in the evidence Nos. 1 through 4. The instant lawsuit is instituted for the interruption of extinctive prescription
Therefore, Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is obligated to pay KRW 21,00,000 out of the above money jointly with each Defendant Co., Ltd. within the scope of the property inherited from each network D and the amount of KRW 21,00,000 out of the total amount of KRW 158,366,921 as well as the amount of KRW 31,980,781 as well as the amount of KRW 19% per annum from June 9, 2009 to December 29 and from the next day to the date of full payment.
Meanwhile, the Defendant Company: (a) was dissolved pursuant to Article 520-2(1) of the Commercial Act on December 4, 2001; (b) was terminated on December 4, 2004; and (c) was not entitled to representative liquidator of the Defendant Company since July 25, 1995 because it did not work at the Defendant Company or participate in the Defendant Company’s business, etc.; and (d) the Plaintiff’s claim against the Defendant Company was unlawful.
In this case, even if the registration of the completion of liquidation for the defendant company has been completed, the liquidation corporation shall continue to exist within the extent unless the liquidation affairs are completed (see, e.g., Supreme Court Decision 9Da66427, 73371, Feb. 11, 2003). Accordingly, the plaintiff's claim against the defendant company of this case against the defendant company was arising before the completion of liquidation affairs of the defendant company, and the defendant company's obligation against the acquisition amount of this case is still in existence.
In addition, where a corporation is dissolved pursuant to Article 520-2 of the Commercial Act, it shall be dissolved unless otherwise provided in the articles of incorporation or a general meeting of shareholders appoints a liquidator.