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(영문) 서울중앙지방법원 2017.09.19 2016가합530487
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Human Deposit Management Foundation was established pursuant to the Establishment, etc. of Microfinance Foundation Act (hereinafter “Dormant Foundation Act”). On October 6, 2016, the registration of dissolution was completed, and welfare business operators, including the Micro Enterprise Promotion Agency, have provided funds for welfare business for the low-income group. 2) As the Microfinance Foundation Act was repealed and the Microfinance Act was newly enacted, the Defendant comprehensively succeeded to the rights and obligations of Microfinance Foundation as a corporation established on September 23, 2016, while the lawsuit in the instant case was pending, as the Microfinance Foundation Act was enacted and the Microfinance Foundation Act was newly implemented.

(3) The Plaintiff, a juristic person established on January 3, 2014, was dissolved pursuant to Article 3 of the Addenda to the Act on Special Measures for the Support of Small and Micro Enterprises, and comprehensively succeeded to all the property, rights, and obligations of the Small Enterprise Promotion Agency (hereinafter referred to as “Plaintiffs” for convenience without distinguishing between the Small Enterprise Promotion Agency and the Plaintiff).

B) On January 28, 2009, the Defendant, with the financial resources of dormant deposits, announced the recruitment of welfare service providers to conduct the credit loan business to support the low-income group’s business start-up or employment. On February 2009, the Plaintiff submitted an application for the selection of welfare service providers and was selected as welfare service providers around that time.

2) On March 26, 2009, the Plaintiff and the Defendant carried out a credit loan business to support the start-up of low-income groups (hereinafter “H 365 Support Business”) with respect to the following contracts with the Defendant and the Plaintiff regarding the support of welfare business performed by the Plaintiff. The purpose of this contract is to promote welfare business under the Microfinance Foundation Act.

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