Registration of completion of liquidation of a liquidated corporation and capacity of parties;

Even if registration of the result of liquidation is made, liquidation is not completed, so the liquidation corporation has the ability to be a party.

Articles 542, 545, 254, and 264 of the Commercial Act

Plaintiff

The Geum River Trade Corporation

Seoul High Court Decision 66Na2596 delivered on October 10, 1967, Seoul High Court Decision 66Na2596 delivered on October 10, 1967

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal No. 1 by the defendant's attorney are examined.

In light of the records, the court below is just in finding that the defendant company's agent and the plaintiff's agent concluded a delegation contract on the issuance of the letter of credit for the steel delivery of the same contents as the original letter of credit between the non-party 1 and the plaintiff's agent and the plaintiff's agent and the plaintiff received the letter of credit at the original letter of credit at the original letter of credit, and the defendant paid a half-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight-eight of the export price.

The second ground of appeal is examined.

If we look at various facts of the original letter of credit cited as arguments, it is not possible for the defendant to recognize that the conditions of the letter of credit were accepted, and it cannot be interfered with the defendant's acceptance of the conditions of the above letter of credit as the witness non-party 4's testimony and evidence No. 2 and No. 3's testimony. Thus, the court below's measures recognized as above are just, and there is no error like the theory of lawsuit

The grounds of appeal No. 3 are examined.

When examining the original judgment in accordance with the records, the purport of the original judgment is that the delegation contract on this case was concluded between the original defendant and the original letter of credit arrive as a result of its implementation. Nonparty 1, an agent of the defendant, merely unilaterally proposed to the effect that, until then, the original letter of credit would be paid to Nonparty 2, who is the plaintiff's agent, at the time of export loan from Korea bank, and that it did not reach an agreement between the original defendant. Thus, the reasoning of the original judgment is inconsistent or it cannot be said that there was any error as cited in the other arguments.

The grounds of appeal No. 4 are examined.

In light of the records, the court below acknowledged that the defendant repaid the plaintiff's debt to the non-party 50,000 won on behalf of the plaintiff, the defendant was unable to export due to the non-party 5's failure to obtain the loan, and the credit returned to the non-party 50,000 won. Thus, the defendant's argument that the defendant paid the amount to the non-party 5, who is the plaintiff's creditor, is included in a set-off defense within the limit of this amount, and therefore, the court below was just in ordering the defendant to pay the above 2.88,000 won after deducting the above 3.53,000 won from the above 2.53 billion won,

The grounds of appeal No. 5 are examined.

Since the defendant company made a decision of dissolution after the institution of this case, even if the claim in this case was not transferred, it cannot be excluded from the liquidation, and even if the liquidation corporation registers the completion of liquidation, as long as the claim and the liquidation remains, and the liquidation corporation has the ability to be a party in this case, the court below's decision that held such a decision shall be justified, and there are no errors such as the theory of lawsuit.

Therefore, the appeal is dismissed without merit. The costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court (Presiding Judge) Mag-kim Kim-bun and Magman