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(영문) 서울중앙지방법원 2019.09.20 2019가단5002547
대여금
Text

1. The plaintiff's lawsuit against the defendant B is dismissed.

2. Defendant D pays KRW 56,400,00 to the Plaintiff.

Reasons

1. The Plaintiff entered into each credit transaction agreement (hereinafter “instant credit transaction agreement”) with Defendant B Co., Ltd. (hereinafter “Defendant B”).

On October 16, 2018, the balance of the principal and interest of loans as of October 16, 2018 of the above Credit Transaction Agreement is as listed below, and Defendant D guaranteed Defendant B’s obligations to the Plaintiff as of the following 1 and 3 agreements, respectively.

The maximum amount of credit (limit) on October 12, 201 on September 28, 2010, 201, 20,000 won 50,000,000 won -- 26,403,505 won - 14,875,000 won interest of 20,545,540 won - 71,213,563,108 won and interest of 108 won and interest of 20,50,000 won and interest of 20,875,000 won and interest of 20,53,000 won and interest of 20,53,000 won and interest of 20,53,000 won and interest of 13,563,108,000 won and interest of 20: 30,000 per annum, 16,000 per annum on April 26, 2013.

2. The plaintiff's judgment as to the legitimacy of the plaintiff's lawsuit against the defendant B is seeking payment of the principal and interest of the loan under the credit transaction agreement of this case against the defendant B. We examine ex officio as to whether this part of the lawsuit is legitimate.

Where the bankruptcy procedures for a corporation are terminated due to the termination of bankruptcy or discontinuation of bankruptcy, etc., the corporation's legal personality shall be extinguished unless there exist special circumstances, such as the existence of positive assets owned by the corporation in need of liquidation.

(See Supreme Court Decision 89Meu2483, Nov. 24, 1989). In full view of the entries in evidence No. 7, Defendant B, supra, the purport of the entire pleadings is as follows.

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