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(영문) 광주고등법원(전주) 2017.05.08 2016나11597

보증금 등 이행청구의 소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. B (1) B (hereinafter referred to as “B”) is the location of the headquarters of the entire-Nam-gun L, a company with the purpose of manufacturing metal structures, plant construction works, windows and metal structures, and wholesale and retail business of construction materials, etc. (2) Since 2002, J is the representative director of B and G, and H was the internal director of B (each resignation on February 28, 2014 and February 1, 2014), and I was an outside director (Resignation on September 5, 2013).

3) Since December 6, 2004, the shares issued B were 20,000 shares, 40% by J as of November 4, 2013, 1, and 30% by J as of November 2013. B’s application for rehabilitation and withdrawal B filed a rehabilitation application with the Gwangju District Court 2013 Gohap40 on December 24, 2013, and received a decision of withdrawal from the said court on the same day on the same day. (c) The Defendant was established on February 4, 2014 by submitting a written withdrawal on the grounds that it is difficult to issue a credit guarantee certificate.

On February 15, 2014, the location of the above head office was changed to N in the Ma, Jeonnam-gun on May 9, 2014.

2) At the time of incorporation of G and H with 10,00 shares (one share price of KRW 10,00), G, H, and I were the Defendant’s internal directors, and G were the Defendant’s representative director. However, all of them retired on February 14, 2014, and the representative director was changed to K, and on August 3, 2015, G again assumed office as the representative director. D. The Plaintiff filed a lawsuit against B on March 18, 2014 seeking payment of deposit, operating expenses, etc. upon termination of the contract concluded with B on December 6, 2012 (B) the Plaintiff paid the Plaintiff KRW 171,383,00,000,000,000 per annum, and the court shall pay the Plaintiff delay damages by up to 30% per annum 171,303,014. < Amended by Act No. 12748, Jun. 5, 2014>