근저당권설정등기말소
1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.
2. Demanding and expanding the costs of appeal.
1. Facts of recognition;
A. 1) A Co., Ltd. (hereinafter “C”)
D) The representative director D shall be E Co., Ltd. (hereinafter “E”) around November 2008.
2) The Plaintiff established the Plaintiff on March 20, 209 and appointed the Plaintiff as an internal director in order to carry out the instant mobile phone sales business. On April 10, 2009, the Plaintiff entered into a contract with the mobile phone sales agency (hereinafter referred to as the “KT”) on a mobile phone with the Defendant, on the following grounds: (a) the Plaintiff established the Plaintiff on March 20, 2009 to receive money from a telecommunications company, such as mobile phone subsidies and fees; and (b) the broadcast cost and the cost of purchasing the mobile phone can be appropriated. In particular, since additional profits are secured as a result of 7% payment of the telecommunications fee used by the mobile phone operator for five years, it is offered that the mobile phone sales business through the Defendant (hereinafter referred to as the “instant mobile phone sales business”).
3) Meanwhile, G Co., Ltd. (Representative Director H, hereinafter “G”) holding know-how with respect to mobile phone openings and A/S.
) The Plaintiff decided to participate in the instant mobile phone opening business to act on behalf of the Plaintiff, and around March 2009, G employee I visited the Defendant and consulted on the problem of selling the mobile phone in home shopping while explaining the position of G, F, and Plaintiff (at that time, the Defendant was aware of I as the Plaintiff’s employee, but the Plaintiff did not raise any objection that I was not entitled to deliver the Plaintiff’s position while the instant mobile phone opening business was in progress.
On May 4, 2009, the defendant also accepted the proposal of I and concluded a basic transaction agreement between the plaintiff and the plaintiff on the consignment sale of goods through home shopping.
B. The Plaintiff, Defendant, and G conducted the instant mobile phone sales business.