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(영문) 서울중앙지방법원 2019.06.19 2018가단5223590
대여금 등
Text

1. The defendant shall pay to the plaintiff KRW 57,482,740 and KRW 17,437,552 from November 29, 2003, KRW 5,893,733.

Reasons

1. Facts of recognition and judgment

A. The facts acknowledged by this court in accordance with the purport of Gap evidence No. 1 and the entire pleadings and the judgment based on these facts are as stated in the grounds of appeal in the annexed sheet.

B. On December 1, 2011, the defendant asserts that the defendant is not in the position to repay his/her obligation to the plaintiff, since the registration for the completion of liquidation has been completed and its legal personality has ceased to exist.

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 there is a need to adjust it in reality, it shall not be completely extinguished to the extent of the existence of a legal relationship (Supreme Court Decision 94Da7607 delivered on May 27, 1994). As seen above, as the defendant has a legal obligation between the plaintiff and the plaintiff, it shall not be deemed that the defendant has a legal obligation within the scope of the obligation, and therefore, the defendant's above assertion cannot

2. If so, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.

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