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(영문) 창원지방법원 2016.09.08 2015가합34994

동산인도 청구의 소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. A Co., Ltd. is a company established on November 2, 2004 for the purpose of running the business of manufacturing, selling, etc. of V and widths, and the trade name up to December 24, 2009 was “D Co., Ltd.”

(hereinafter referred to as "A"). (b)

Around October 1, 2007, the Defendant completed the business registration with the trade name of “D” in which the business place is located in the Seo-gu Busan (hereinafter referred to as “instant Busan factory”) in Busan (hereinafter referred to as “the above ground”) and runs the production business, such as V and width around that time, without any relation between the Defendant’s business registration before and after the business registration.

C. On October 27, 2015, A filed the instant lawsuit. On November 23, 2015, the Changwon District Court 2015 Ma10063 decided on the commencement of rehabilitation. On the same day, the Plaintiff, a representative director of A (hereinafter referred to as “B”) was a custodian of A and taken over the instant lawsuit.

B A marriage with F, but around February 9, 2015, the agreement was married on and around February 9, 2015, and the defendant is F's birth (B's birth).

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 24 evidence, the purport of the whole pleadings

2. The plaintiff's assertion

A. B, around March 199, operated a V manufacturing and sales business in the name of G with the name of G by lending the name of F, the wife around March 199, and even after establishing A, registered the shares with the F, etc. and substantially operated A.

(b) The need for the extension of A heat group operation department and production facilities has emerged due to the increase in the volume of the order of out-of-the-way production of V and widths to A.

Accordingly, around August 1, 2005, A established the instant Busan Factory at the expense of A, and purchased each of the same movable property as indicated in the attached list (hereinafter “the instant property”). The Defendant paid the lease deposit, rent, and the Defendant’s salary to the employees of the instant Busan Factory, including the Plaintiff.