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(영문) 서울중앙지방법원 2020.06.08 2020가단7208
구상금 청구의 소
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 63,898,434 and KRW 4,666,923 among them, from January 29, 2020.

Reasons

The plaintiff filed a lawsuit against the defendants (Seoul Central District Court 2010Kadan61005) to pay the compensation amount. "The defendant jointly and severally paid 52,081,383 won and 28,086,830 won and 28,086,830 won among them with interest rate of 19% per annum from August 23, 1999 to the date of full payment." The judgment becomes final and conclusive on June 26, 2010 with respect to the defendant C Co., Ltd. (hereinafter "C"), and some of the claims under the above judgment were repaid, and the principal of the above claims that were not paid as of January 28, 2020 did not conflict with the parties, or the purport of the entire pleadings cannot be acknowledged.

Therefore, in this case where the plaintiff filed a lawsuit for the interruption of the extinctive prescription of a claim under the above judgment, the defendants are jointly and severally liable to pay to the plaintiff 63,898,434 won (=4,66,923 won 59,231,511 won) and the principal amount of KRW 4,666,923 from January 29, 2020 to the date of full payment.

[Objection] Although Defendant C alleged to the effect that the party capacity of Defendant C was extinguished due to the completion of liquidation, in case where the liquidation is not completed even if the registration of the completion of liquidation on a legal entity, it shall be deemed that the legal entity has the party capacity as the liquidation legal entity (see Supreme Court Decision 97Da3408, Apr. 22, 1997). Thus, Defendant C’s assertion is without merit. Thus, the Plaintiff’s claim against the Defendants against the Defendants shall be accepted in its entirety due to the grounds, and it is so decided as per Disposition.

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