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(영문) 대전지방법원서산지원 2016.11.23 2015가단10044

물품대금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 27,853,450 and the Defendant B-Corporation’s corporation with respect thereto from January 1, 2016 to January 1, 2016.

Reasons

1. Basic facts

A. The party status 1) G is the Defendant B Partnership Corporation (hereinafter “Defendant B”) established for the purpose of running business, such as capital reduction production and sale on April 25, 201.

(2) On June 2, 2015, G established the Plaintiff corporation for the purpose of agricultural management, incidental business, etc. and took office as its representative director on May 18, 2015.

3) Defendant C was appointed as the representative director of Defendant B on May 18, 2015. Defendant D was appointed as the auditor of Defendant B on May 18, 2015. Defendant C was appointed as the auditor of Defendant B on July 3, 2015, and Defendant F was appointed as the director of each Defendant B on March 10, 2014. (b) Defendant B signed a sales contract on behalf of Defendant B with Hyundai Seosan farm Co., Ltd (hereinafter “stock company”) on December 19, 2014 through December 20, 2015 (hereinafter “instant sales contract”) to examine capital to be supplied from individual farmers for a period from December 18, 2014 to July 20, 2015, and to supply it to Hyundai Seosan farm (hereinafter “instant sales contract”). B concluded a sales contract with the same terms and conditions as Hyundai Seosan.

2) From May to June 2015, Defendant B entered into an agreement with G, who first resigned from the office of representative director around that time, to pay to the Plaintiff corporation established by G the total amount of capital reduction sales proceeds that Defendant B would receive from Hyundai Seosan farm (hereinafter “instant agreement”).

(3) Accordingly, G and Defendant C trade by changing their accounts from the existing Defendant B (representative C) to the Plaintiff Corporation (representative G) on June 15, 2015, following the resolution of the board of directors. Defendant B entered into an agreement as above. Defendant B’s account to be used to transfer the remaining money after deducting the fee from the fee, upon receipt of capital reduction from Defendant B’s Hyundai Seosan farm.