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(영문) 부산지방법원 동부지원 2018.11.14 2018가합105704
양수금
Text

1. The defendant shall be jointly and severally and severally with the plaintiff 274,651,529 won and 273,137,49 won from April 4, 2008.

Reasons

1. Facts of recognition;

A. On April 28, 2008, the Credit Guarantee Fund filed a lawsuit against the Defendant, B, C, and D for the claim for reimbursement (No. 2008da10630 of Jeju District Court) and received a favorable judgment on August 26, 2008, and the said judgment became final and conclusive on September 17, 2008.

(hereinafter “Prior Judgment”). (b)

On September 25, 2014, the Korea Credit Guarantee Fund transferred the claim for reimbursement under the preceding judgment to the Plaintiff, and notified the Defendant of the transfer on October 30, 2014.

[Grounds for Recognition] deemed confession (Article 150 (3) and (1) of the Civil Procedure Act)

2. According to the above findings of the determination as to the cause of the claim, the defendant is jointly and severally liable with B, C, and D to pay the plaintiff the money set forth in paragraph (1) of this Article.

3. Judgment on the defendant's assertion

A. The defendant's representative liquidator E, "individual," which became final and conclusive upon the defendant's bankruptcy and exemption decision, asserted that the plaintiff's claim cannot be complied with, but the claim in this case is not a claim against the defendant A, a representative liquidator.

The defendant's above assertion is without merit.

B. The defendant alleged that it cannot accept the plaintiff's request because he discontinued his business and completed the registration of the completion of liquidation, but the registration of the completion of liquidation was completed.

Even if there is no assertion or proof as to the extinguishment of a claim, the claim in this case cannot be avoided solely on the ground of closure or liquidation, unless there is any assertion or proof as to the extinguishment of a claim (see, e.g., Supreme Court Decision 9Da66427, 73371, Feb. 11, 2003).

The defendant's above assertion is without merit.

4. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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