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(영문) 서울중앙지방법원 2014.01.10 2012가합509843
양수금
Text

1. The plaintiff's successor's claim is dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Basic facts

A. B Co., Ltd. and C’s incorporation, dissolution, etc.

on July 16, 1982, the Dable block (after this, the lot number was changed to E) was changed to Jung.

A) A corporation was established as its head office. B was decided to authorize the establishment on September 24, 1998 from the Jeonju District Court’s branch office, but was dissolved as a dormant company on December 13, 2010 pursuant to Article 520-2(1) of the Commercial Act. B’s Seoul branch office was registered as 101 of the G building located in the Seocho-gu Seoul Metropolitan Government F on May 1, 1999, and C (hereinafter “C”) corporation (hereinafter “C”) was established as H on September 29, 1986.

C was declared bankrupt by the Jeonju District Court on September 24, 1998 after the Jeonju District Court rendered the approval of composition on September 24, 1998.

B. The loan and joint and several liability B of the Company B bears the obligation to repay the loan amounting to KRW 19,819,464,105 according to the payment order issued by the Jeonju District Court Decision 2003 tea 29054, and C, I, J, and K bears the same amount of joint and several liability according to the same payment order.

C. On February 15, 2008, the Plaintiff’s succeeding intervenor transferred all of the claims against B, etc. to IMC Loan Co., Ltd. on the third day. On May 31, 201, IMC Loan Co., Ltd. on the third day, the Plaintiff, the Plaintiff, on October 19, 201, assigned the above claims in succession to the Intervenor succeeding to the Plaintiff, and completed each of the notifications of the assignment of claims around that time.

【Facts without dispute over the ground for recognition】 The statements in Gap's evidence 1 through 4, Gap's evidence 10 (including each number for separate evidence), and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The intervenor succeeding to the plaintiff B and C established the defendant who is substantially identical in the form and content of the company with the aim of evading the debt to the Jeonbuk Bank, etc., or the form and content of the company.

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