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(영문) 부산지방법원동부지원 2019.09.26 2019가단211739
양수금
Text

1. The Defendant is jointly and severally and severally with C about KRW 443,552,754 and KRW 89,800,446 among them, from April 4, 2019.

Reasons

Comprehensively taking account of the respective descriptions in Gap evidence Nos. 1 through 3 and the purport of the entire pleadings, the defendant is jointly and severally liable with Eul to pay damages for delay calculated at the rate of 12% per annum from April 4, 2019 to the day of complete payment to the plaintiff as to KRW 443,52,754 and its 89,800,446.

The defendant asserts that the defendant company cannot respond to the plaintiff's request because it is a corporation which has been completed on December 4, 2004.

However, even a company which is deemed to have been dissolved and the liquidation of which has been terminated pursuant to Article 520-2 of the Commercial Act, if there is a need to adjust the legal relationship in reality, it shall not be completely extinguished within the scope of such scope.

According to the evidence No. 1 of this case (see, e.g., Supreme Court Decision 2000Du5333, Jul. 13, 2001). The defendant can recognize the fact that the liquidation has been completed on December 4, 2004 under Article 520-2 of the Commercial Act. However, as the above facts are examined, the defendant is deemed to have a claim and obligation between the plaintiff and the plaintiff, and the claim of the defendant cannot be accepted.

Therefore, the plaintiff's claim is justified and it is so decided as per Disposition.

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