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(영문) 서울중앙지방법원 2018.10.18 2018가단5167201
대여금
Text

1. As to KRW 60,852,992 and KRW 33,430,671 among the Plaintiff, the Defendant shall start from April 11, 2018 to June 30, 2018.

Reasons

1. In full view of the respective descriptions of Gap evidence Nos. 1 and 2 (including branch numbers for those with additional numbers) and the overall purport of the pleadings as to the cause of the claim, the facts in the separate sheet as to the cause of the claim, provided that the creditor is the defendant as the plaintiff.

and there is no reflective evidence.

The defendant asserts that the defendant company is dissolved pursuant to Article 520-2 (1) and (4) of the Commercial Act, and thus, it cannot comply with the claim of this case. However, even if the company is dissolved and its liquidation is deemed to have been completed pursuant to Article 520-2 (1) through (4) of the Commercial Act, if the legal relationship remains and the liquidation is deemed to have been completed, so it is necessary to adjust it in reality, the company has the legal relationship so that it is not completely extinguished and has the legal capacity (see, e.g., Supreme Court Decision 67Da2528, Jun. 18, 1968).

2. If so, the defendant is obligated to pay to the plaintiff 60,852,92 won (=3,430,671 won, 27,422,321 won) totaling 33,430,671 won and overdue interest (=60% per annum from April 11, 2018 to June 30, 2018, which is clear that the delivery date of the original copy of the payment order in this case is the delivery date of the payment order in this case) and damages for delay calculated at the rate of 15% per annum from the next day to the date of full payment.

Since the plaintiff's claim is reasonable, it is decided as per Disposition by admitting it.

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