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(영문) 부산지방법원동부지원 2017.04.13 2017가합100672
양수금
Text

1. The defendant shall pay to the plaintiff KRW 1,077,060,178 among the costs and KRW 378,237,187 from October 6, 2016 to the date of full payment.

Reasons

1. In full view of the purport of each statement in Gap evidence Nos. 1 through 3 (including additional numbers), the Korea Technology Credit Guarantee Fund filed a lawsuit against the defendant and representative liquidator B, etc. for the amount of indemnity claim under the Daejeon District Court Decision 2006Da69568, Dec. 22, 2006; "The defendant et al. jointly and severally agreed with the plaintiff for 378,578,676 won and 378,473,967 won from Nov. 22, 2001 to Apr. 16, 2003; 18% per annum from Apr. 17, 2003 to Nov. 9, 2006; and the Korea Technology Credit Guarantee Fund notified the plaintiff of the above amount of money assignment; and it can receive from Nov. 21, 2006 to Nov. 27, 2007."

Therefore, the defendant is obligated to pay the above judgment amount to the plaintiff as the transferee of the claim.

2. As to this, the Defendant asserted that: (a) on November 25, 2014, B was declared bankrupt by the Daejeon District Court on the declaration of bankruptcy and immunity for the obligation to the Plaintiff (the Daejeon District Court Decision 2014Hau2441, 2014Hau2443) and (b) the obligor was ordered to be liquidated; (b) the obligor could not comply with the Plaintiff’s claim; (c) but (d) the Defendant’s obligation to the Plaintiff is not exempted on the ground that B was ordered to grant immunity for the obligation to the Plaintiff; and (e) even a company, which is dissolved under Article 520-2 of the Commercial Act and deemed to have been completed its liquidation, needs to be completely terminated within the scope of the legal relationship so it is not completely terminated (see, e.g., Supreme Court Decision 94Da7607, May 27, 1994); and (e) the liquidation procedure is completed in order for the Plaintiff to take over the instant claim against the Defendant.

As such, the defendant cannot do so within the scope of this.

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