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(영문) 서울중앙지방법원 2020.05.12 2019가단5229267
양수금(시효연장)
Text

1. The Plaintiff:

A. Defendant C Co., Ltd. shall be annually from February 12, 2008 to December 24, 2008, as well as KRW 95,800,194.

Reasons

1. According to the overall purport of evidence Nos. 1 and 2-1 to 3 of evidence Nos. 1 and 2-3, the facts constituting the cause of the claim indicated in the separate sheet (the “creditor” is the “Plaintiff”, and the “debtor” is the “Defendant”) can be recognized. Thus, the Defendants are obliged to perform the obligations established by the previous judgment against the Plaintiff.

2. Defendant C (hereinafter “Defendant C”) asserts to the effect that the instant claim is unreasonable, since the liquidation of the company was completed before the previous final and conclusive judgment was rendered and F, the representative of the company, was granted immunity in bankruptcy proceedings.

However, for the commencement or termination of liquidation of a company, the creditor cannot be exempted from liability to the creditor or from the creditor's lawsuit. The lawsuit in this case is not seeking the representative's repayment against the company with a legal personality separate from the representative, but seeking the performance of liability against the representative's individual, and its effect does not affect the representative's individual, and thus, it does not relate to the case.

3. For this reason, the Plaintiff’s claim against the Defendants is accepted in full, and it is so decided as per Disposition.

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