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(영문) 서울중앙지방법원 2017.08.30 2017가단5079246
양수금
Text

1. As to KRW 115,270,170 and KRW 32,104,030 among them, the Defendant and the Plaintiff jointly and severally with Company B and C, as to November 2016.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

(However, the creditor's "the plaintiff and the debtor" are deemed to be "the defendant," and the payment order for the corporation B and C was finalized).

B. As to this, the Defendant asserts to the effect that representative liquidator D received bankruptcy and immunity in Seoul Central District Court No. 201Hadan4927 and 201Hada4927, and thus, it cannot comply with the Plaintiff’s claim.

However, the representative liquidator is not exempted from the liabilities of the company on the ground that he was decided to permit exemption, and even if the registration of the completion of liquidation for the corporation was completed, the liquidation corporation shall continue to exist within the scope of the liquidation unless the liquidation affairs are completed. Therefore, the defendant's argument cannot be accepted.

(See Supreme Court Decision 9Da6427, 73771 delivered on February 11, 2003, etc.). 2. According to the conclusion, the Defendant is obligated to pay the Plaintiff the money stated in paragraph (1) of this Article.

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