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(영문) 서울고등법원 2020.09.25 2019나2043796
물품대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. In this case where the Plaintiff cited the judgment of the court of first instance basically repeats claims identical to the allegations in the court of first instance, this court’s reasoning is the same as the statement in the reasoning of the judgment of the court of first instance, except for the filling of or addition to the following:

"At the end of June 20, 2014, from June 20, 2014, to the end of June 20, 2017" of the second 16 and 17th 17th son's decision of the court of first instance shall be stated " from June 20, 2014 to June 20, and from March 23, 2018 to the present day."

The three 14 lines "from April 19, 2012 to June 20, 2017" in the third 14 lines of the judgment of the court of first instance shall be stated "from April 19, 2012 to November 28, 2013, and from June 20, 2014 to June 20, 2017".

The first instance court shall be added in the front of the "Witness H and I" of the fourth two pages of the judgment of the first instance.

"367,657,421 won" of "367,657,421 won" of the fourth ten line of the judgment of the first instance shall be stated "367,839,021 won."

"B" between 5 and 6.0 20 ........................

Around April 19, 2012, the Defendant acquired shares by acquiring C’s shares by acquiring them through a 50% of the shares due to the incombustibility between C management. Around November 2012, the J recovered from the Investment Fund and taken over the shares of C, and at that time, the Defendant acquired the shares in C’s entire shares. Even if the Defendant received the shares free of charge from K and J, this is required by K and J, which was an initial investor of C, and it appears that the Defendant received shares by acquiring the shares of the said company as it was necessary by K and J, which were no longer involved in the management of the said company, and solely on such circumstance, it is difficult to view that C was in a situation where it was actually only in personal business because it was a single company, and it is difficult to view that C was in a situation where it was actually only in personal business.”

The evidence in the preceding 10 lines of the 9th 10th 10th 1st son of the judgment of the first instance is the evidence.

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