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(영문) 대전지방법원천안지원 2015.06.09 2014가합4029
대여금
Text

1. The defendant shall pay 170,000,000 won to the plaintiff and 24% per annum from April 19, 2001 to the day of complete payment.

Reasons

Basic Facts

On October 16, 1991, the Plaintiff lent KRW 170,000,00 to the Defendant. In order to secure this date, the Defendant completed the registration of the establishment of a mortgage over the Defendant’s share of KRW 7/8,00,000, the maximum debt amount of KRW 170,000,000, the mortgagee, and the debtor.

On December 16, 1997, the defendant is deemed to have been dissolved in accordance with Article 520-2(1) of the Commercial Act, and the registration of dissolution was completed on December 17, 1997.

The plaintiff filed a voluntary auction against the above shares of the defendant, and this court rendered a decision to commence the auction D on September 1, 200 on September 1, 200.

On December 16, 200, the defendant is deemed to have completed liquidation in accordance with Article 520-2 (4) of the Commercial Act, and the registration of the completion of liquidation has been completed.

On April 19, 2001, the Plaintiff stated that “E is indicated as the representative director of the Defendant’s representative before the Defendant is deemed to have completed liquidation and is indicated as “170,000,000 won in borrowing KRW 170,000” as the last day of each month at the rate of 2% per month and the said principal shall be in full order until April 19, 2005.”

On the same day, F, G, H, and I voluntarily withdrawn the Defendant’s application for auction of the above shares. On the other hand, F, H, and I were the Defendant’s directors before the Defendant is deemed to have completed liquidation, and H were the spouse of E, and E died on November 28, 2011. [Grounds for recognition] There is no dispute, each entry in the evidence Nos. 1 through 4, E No. 1, and E, and each entry in the evidence No. 1, No. 1, and No. 520-2 of the Commercial Act to determine the cause of the entire pleadings, and any legal relationship still remains, and if it is necessary to adjust it in reality, it shall not be completely extinguished (see, e.g., Supreme Court Decision 200Du5333, Jul. 13, 2001).

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