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(영문) 부산지방법원 동부지원 2017.03.08 2016가단218289
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 129,119,62 and the amount of KRW 60,124,428 from July 11, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Korea Technology Credit Guarantee Fund was sentenced to the judgment of September 5, 2006 that "the defendant shall pay to the plaintiff the amount of 76,567,523 won and 76,497,86 won as to the amount of 14% per annum from December 15, 2004 to March 14, 2005; 16% per annum from the next day to July 6, 2006; and 20% per annum from the next day to the day of full payment, to the day of full payment." The above judgment became final and conclusive on September 30, 206.

B. After that, around September 27, 2012, the Korea Technology Finance Corporation transferred to the Plaintiff the remainder of the claim that remains after the partial collection of the judgment amount (the principal amount of KRW 60,124,428) and notified Nonparty Company, the principal debtor, of the said transfer.

C. The balance of the judgment bond as of July 10, 2016 is KRW 60,124,428 and interest rate is KRW 68,95,194.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay the amount stated in the purport of the claim to the plaintiff who acquired the claim from the Korea Technology Credit Guarantee Fund, and on the other hand, the lawsuit of this case filed for the purpose of the extension of prescription due to the imminent completion of the extinctive prescription after the judgment in the

B. As to the Defendant’s assertion, the Defendant had already closed ten years prior to the Defendant’s closure of the liquidation, and thereafter became a registration for the termination of the liquidation, and the Defendant’s representative liquidator was granted a decision to grant bankruptcy immunity, and thus, the Plaintiff’s claim of this case is unreasonable.

However, even if the registration of the completion of liquidation for the corporation was completed, the corporation shall continue to exist as the liquidated corporation within the scope of the registration unless the liquidation work is completed.

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