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(영문) 서울고등법원 2017.12.14 2017나2026742
가공비 정산금지급 청구의 소
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. The plaintiff is a company established under the law of the People's Republic of China, and is engaged in the manufacture and sale of electronic parts and luminous products as its main business.

B. In the first instance trial, the Plaintiff asserted that the co-defendant B (hereinafter “B”) was the party who entered into the processing contract with the Plaintiff, and filed a claim against B for the payment of unpaid processing costs.

However, the judgment of the court of first instance dismissed the plaintiff's claim against B, which became final and conclusive among the judgment of the court of first instance because the plaintiff did not appeal against the plaintiff.

A. A company established for the purpose of manufacturing and selling electricity, electronic parts, and the defendant is registered as the representative director of the defendant B even before March 31, 2014 (However, the first appointment date is not clear), and the defendant C is registered as the representative director again after resignation on March 31, 2014.

The following “A Payment Plan” (hereinafter referred to as “A Payment Plan”) served as the representative director of B until July 27, 2015, at the time of the preparation of the “A Payment Plan” (hereinafter referred to as “Payment Plan”).

C. On September 7, 2016, the Defendant was declared bankrupt by Suwon District Court 2016Hadan100319, and the Defendant was granted immunity as the head of Suwon District Court 2016Ma10319 on December 30, 2016.

[Reasons for Recognition] Facts without dispute, Gap's entries in Gap's Evidence Nos. 1, 5, 8, 9, 13 through 15, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. On December 10, 2014, the Plaintiff (the representative director of the Plaintiff and the whole delegation of authority in Korea) and the Defendant, the representative director of the Plaintiff, as well as the Defendant, appears to mean the function of the Plaintiff to carry out the functions of semiconductors, chips, etc. using multiple equipment on the printing circuit board as the weak of the SMT Surface Mo, and the chief of the surface (the representative director of the Plaintiff) technology (the representative director of the Plaintiff and the Defendant, as the representative director of the Plaintiff) and the Defendant, as the weak.

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