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(영문) 부산지방법원 동부지원 2018.06.19 2017가단221282
양수금
Text

1. The defendant shall be jointly and severally with the plaintiff 61,084,115 won and 60,727,740 won among the plaintiff 61,084,115 won from August 24, 2004 to May 205.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the evidence Nos. 1 and 2-1, 2, and 3 of the evidence Nos. 1 and 2-3, the Korea Credit Guarantee Fund received a judgment from the Defendant, B, etc. on August 22, 2007 that "the Defendant, B, etc. shall jointly and severally pay to the Korea Credit Guarantee Fund the amount of 61,084,115 won and 60,727,740 won from August 24, 2004 to May 31, 2005; 15% per annum from the next day to July 27, 2007; and 20% per annum from the next day to the date of full payment; and the fact that this judgment becomes final and conclusive; and that the Korea Credit Guarantee Fund shall transfer its claims to the Defendant on June 31, 2015; and it can be acknowledged that the Plaintiff was entitled to the reimbursement of the amount.

Therefore, the defendant is jointly and severally liable with the plaintiff to pay the amount stated in Paragraph (1) of the Disposition.

2. The defendant was deemed to have completed liquidation.

or representative liquidator C is granted immunity, and thus, he/she cannot respond to the plaintiff's claim.

On the other hand, even a company which is deemed to be dissolved and the liquidation of which is deemed to have been completed under Article 520-2 of the Commercial Act, if the legal relationship remains and it is necessary to be arranged in reality, it shall not be completely extinguished within the scope of the decision (see, e.g., Supreme Court Decision 2000Du5333, Jul. 13, 2001); and C is granted immunity, and the Defendant’s obligation is not exempted, and the Defendant’s assertion is without merit.

3. If so, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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