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(영문) 서울고등법원(춘천) 2020.10.19 2019누748
소득금액변동통지처분취소
Text

1. The judgment of the court of first instance is modified as follows.

On September 9, 2015, the Defendant made income earners B against the Plaintiff on September 9, 2015.

Reasons

1. Of the reasoning of the judgment of the court of first instance, the part on whether “A. B can be seen as the Plaintiff’s representative” in the grounds of the judgment of the court of first instance, i.e., “the developments leading up to the disposition of first instance”, “2. Plaintiff’s assertion”, “3. related statutes” and “4.” are as follows: (a) the corresponding part of the judgment of the court of first instance (from 4 to 5, up to 21, up to 9, up to 11 pages) is identical with the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with Article 8(2) of

The 2nd, 5th, and 6th of the first instance judgment shall be followed as follows.

A. The Plaintiff is a company that runs the manufacture and sale business of ready-mixeds. On March 27, 2014, the rehabilitation procedure for the Plaintiff was commenced on February 4, 2015, and the rehabilitation procedure for the Plaintiff was abolished on February 4, 2015. On March 2, 2015, the rehabilitation procedure for the Plaintiff was re-established on March 2, 2015. B was in office as the Plaintiff’s representative director from June 23, 2005. Under each of the above rehabilitation procedures, the Plaintiff was appointed as a custodian. The case of “case” of the 312th sentence of the first instance judgment as “related criminal case (hereinafter “related criminal case”).

The following parts shall be added to 3 pages 15 of the judgment of the court of first instance.

H. Meanwhile, B filed the instant lawsuit as a custodian of the Plaintiff, for which rehabilitation procedures commenced, and on July 20, 2018, following the completion of rehabilitation procedures (Sacheon District Court 2015 Gohap500) against the Plaintiff, the Plaintiff taken over the instant lawsuit on April 15, 2019, and at present K is serving as a sole representative director of the Plaintiff. The five-party 9,10 of the first instance judgment of the first instance court was followed as follows.

② From the Plaintiff in 2010, B received benefits of KRW 45,674,64,640 in 201, KRW 45,674,640 in 201, KRW 45,674, KRW 640 in 2012, KRW 19,031,00 in 2013, KRW 76,968,420 in 2010, KRW 45,674,640 in 201, KRW 45,674,674, KRW 640 in 201, and KRW 19,031,10 in 201.

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