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(영문) 대전지방법원 홍성지원 2018.05.23 2017가단9343
물품대금
Text

1. The Defendant’s KRW 58,835,104 for the Plaintiff and KRW 18% per annum from January 3, 2005 to January 5, 2018.

Reasons

1. The defendant asserts that the plaintiff's defense prior to the merits is not in the position of a representative liquidator, which the plaintiff stated in the complaint as a representative liquidator, and asserts the legitimacy of the lawsuit in this case.

C has submitted a written answer in the name of an individual, but it is recognized that C is qualified as a representative liquidator of the defendant, and therefore, it is deemed that C has submitted a written answer as a representative of the defendant.

Article 531(1) of the Commercial Act provides that when a company is dissolved, a director shall be a liquidator except in cases of merger, division, merger after division, or bankruptcy. Article 542(2) of the Commercial Act provides that Article 389 of the Commercial Act, which is the representative director of a corporation, shall also apply mutatis mutandis to a liquidator. Thus, a former representative director at the time of dissolution of a company shall

In addition to this case, the defendant's representative liquidator under the Commercial Act is deemed C, since it is obvious in the record that the registration of dissolution as of December 14, 2012 was completed, and the fact that the representative director as of the time of dissolution is C, since it is obvious that the defendant's representative liquidator under the Commercial Act is a C, because it is not reported to the effect that the defendant did not discontinue his business within the reporting period as a company for which five years have passed after the last registration.

Therefore, the prior defense of the prior defendant on different premise is without merit.

2. In full view of the purport of Gap evidence Nos. 1, 2-1, and 2 of the judgment on the merits, the plaintiff can recognize the fact that the plaintiff supplied ready-mixeds equivalent to KRW 58,835,104 to the defendant according to the goods supply contract with the defendant from December 11, 2004 to January 2, 2005.

Therefore, from January 3, 2005 to January 5, 2018, the delivery date of a copy of the complaint in this case, the Defendant supplied the Plaintiff with 58,835,104 won and the goods finally to the Plaintiff, 18% per annum from the next day to the day of complete payment.

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