beta
Text
1. The part against the defendant in the judgment of the first instance is revoked.
2. The defendant's KRW 76,098,366 and those from among the plaintiff
A. 26,403.
Reasons
1. The Plaintiff and the Defendant concluded three credit transaction agreements, and on October 15, 2018, the balance of the principal and interest of loans as of October 15, 2018 are as listed below:
On October 25, 2011, the date of an agreement under Article 2 of the Agreement on Credit Transactions 3: 30,000,000 won for credit (limit) on September 28, 201, September 201, 201: 20,000 won 50,000,000 won - 26,403,505 won - - 14,875,000 won for interest 20,545,540 won - 711,213 won for 13,563,108 won for 46,949,045 won for 213,08 annual damages: at least 17% for delay on a 20-month basis : at least 16% per annum 20,000 per annum 9,000 per annum 136% per annum;
2. Determination
A. On August 30, 2013, the Defendant was declared bankrupt on August 30, 2013 (Seoul Central District Court 2013Hahap120) and the bankruptcy procedure was initiated. However, on December 19, 2013, a decision to discontinue the bankruptcy was rendered on December 19, 2013, and the above decision became final and conclusive, and the corporate register was closed on January 14, 2014.
However, even if a company is dissolved due to bankruptcy, etc., the company shall not immediately terminate, but shall be reduced within the scope of its capacity to liquidate, and the company shall continue to exist within the scope of the purpose of liquidation
(Article 245 of the Commercial Act) Furthermore, according to the evidence mentioned above, the defendant seems to have the remaining active property. Thus, according to the application for adjudication of bankruptcy submitted by the defendant (the reference materials as of June 14, 2019), the defendant stated that "E stock company has the sales claim of KRW 1,200,000," and the defendant's liquidation affairs, such as repayment of debts to the plaintiff, etc., shall be deemed to continue to exist within the scope where the defendant's liquidation affairs remain.
(b).