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1. The defendant shall pay 37,00,000 won to the plaintiff and 15% per annum from April 8, 2006 to the day of complete payment.
Reasons
In full view of the purport of the entire arguments in Gap evidence Nos. 1 through 3, the facts identical to the statement in the grounds for the claim (However, the "creditor" shall be deemed to be the "Plaintiff", and the "debtor" shall be deemed to be the "defendant") can be acknowledged. Thus, the defendant is obligated to pay to the plaintiff damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 8, 2006 to the date of full payment.
The defendant asserts that the plaintiff's claim is improper since the defendant company completed liquidation on December 4, 2006 in accordance with Article 520-2 (4) of the Commercial Act.
However, even if a company is deemed to have been dissolved and the liquidation thereof has been terminated pursuant to Article 520-2 of the Commercial Act, if any legal relationship remains and it is necessary to be arranged in reality, it shall not be completely extinguished to the extent of its scope (see, e.g., Supreme Court Decision 94Da7607, May 27, 1994). The Plaintiff’s seek in this case is the Defendant’s claim for the amount of KRW 220 million from the Industrial Bank of Korea on August 21, 1997, and the amount of KRW 50 million from the same bank on April 30, 1998, and is the claim for the amount of the money of the money of the money of the loans remaining without being repaid. Accordingly, the legal relationship between the Plaintiff and the Defendant remains in effect. Thus, the Defendant cannot be deemed a completely extinguished corporation within its scope.
The plaintiff's claim shall be accepted on the grounds of its reasoning.