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(영문) 서울중앙지방법원 2019.07.25 2019가단5130442
양수금
Text

1. As to KRW 618,702,576 and KRW 189,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the annual interest from October 22, 2015 to the day of full payment.

Reasons

1. The facts such as the statement in the attached Form of the judgment on the cause of the claim do not conflict between the parties, or can be recognized by the statement in Gap evidence Nos. 1 through 3. Thus, the defendant is obligated to pay the money recorded in the order to the plaintiff.

2. The defendant's assertion argues that the defendant's business is discontinued and completed the registration of the completion of liquidation, and that C, the representative director of the defendant, was declared bankrupt and the decision of permission of exemption, so it cannot comply with the plaintiff's

However, the registration of the completion of liquidation of the corporation was completed.

Even if there is a claim, the liquidation work is not completed, and it remains a liquidation corporation (see, e.g., Supreme Court Decision 9Da66427, 73371, Feb. 11, 2003). The mere fact that a representative director was declared bankrupt and a decision to grant immunity on an individual is not sufficient to deem that the Defendant’s obligation to the Plaintiff was discharged, and there is no proof otherwise as to the Defendant’s obligation to the Plaintiff.

Therefore, the defendant's above assertion is without merit.

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

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