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(영문) 서울중앙지방법원 2018.04.24 2017가단5180962
양수금
Text

1. The Defendants are jointly and severally liable for 100,000,000 won to the Intervenor succeeding to the Plaintiff and the aforementioned amount from July 7, 2007 to September 30, 2015.

Reasons

1. According to each of the basic facts described in Gap 1-6 (including the provisional number) and the purport of the entire pleadings (the fact that there is no dispute with the defendant Eul), each of the facts constituting the grounds for the separate claim is acknowledged. Meanwhile, the succeeding intervenor filed an application for succession to this court on March 19, 2018, and the plaintiff expressed his/her intention to withdraw from the lawsuit after the closing of argument on April 10, 2018, but the fact that the defendants did not obtain the consent is apparent in the record.

2. Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) asserted that the registration of the corporation was cancelled due to dissolution of a dormant company pursuant to Article 520-2 of the Commercial Act, and that the lawsuit of this case is unlawful as it was filed against a person who has no capacity to be a party.

The facts that the defendant company was ordered to be dissolved under Article 520-2 (1) of the Commercial Act on December 3, 1999 are significant in this court. However, even a company dissolved under Article 520-2 of the Commercial Act and is deemed to have been dissolved under Article 520-2 of the Commercial Act and its liquidation has been completed, if it is necessary to be arranged in reality as there remains a certain relationship of rights and duties, it shall not be completely extinguished within the scope (Supreme Court Decision 94Da7607 delivered on May 27, 1994).

Therefore, regardless of whether the defendant company is considered to be the completion of liquidation, the defendant company still has the ability to maintain the legal personality within the scope of the above.

Therefore, the defendant company's defense is without merit.

3. Judgment on the merits

A. According to the above facts of recognition as to the cause of the claim, the defendants are jointly and severally liable to pay the money as stated in paragraph (1) of this Article to the plaintiff succeeding intervenors, unless there are special circumstances.

[However, Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 2670, Sep. 25, 2015).

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