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(영문) 서울중앙지방법원 2016.01.13 2015나25869
약정금
Text

1. The part against Defendant B among the judgment of the court of first instance is revoked, and the plaintiff's claim as to the revocation part is filed.

Reasons

1. Basic facts and the grounds for this part of the parties’ assertion are the facts constituting the grounds of the judgment of the court of first instance, which form the premise for judgment 1.

2. A party’s assertion is identical to the statement on the “party’s assertion” and the second to third under the second to the sixth under the second to the sixth under the third under the second to the third under the second). As such, it shall be quoted by the main text of Article 420 of the Civil Procedure Act: Provided, That the second and nine parts of the judgment of the court of first instance are “the “F heating Lot Contract” following the “(the “instant General Contract”).

'in addition'.

2. Determination:

A. According to the purport of the entire pleadings, the following circumstances can be acknowledged according to the final and conclusive parties to the instant sales contract: (a) Party A, 6, 1, 9, and the purport of the entire pleadings:

In other words, while the representative director of “D” indicated as “A” is Defendant B, “D” was not a juristic person at the time of the contract ( October 19, 2009), and Defendant B was not the representative director.

After the sales contract of this case, a corporation that made the trade name on December 7, 2009 as “stock company D” was established, and only one of the two inside directors was registered as Defendant B.

In fact, the seal affixed to Defendant B’s name of the instant sales contract was the official seal of the representative director of “H (the establishment of the company on February 8, 2007, and Defendant B)” and did not have the official seal of the representative director of “B”.

In addition, at the time of the instant sales contract, “D, representative director B, and representative C” is indicated as the person who prepared the down payment receipt (hereinafter “the instant receipt”) which was made up at the time of the instant sales contract, and the following is indicated as “D, the owner), H, representative director B, and the Defendant C, respectively, and their respective seals are affixed on each side of the Defendants’ names. Of them, Defendant B’s name is affixed only on the official seal of the representative director of “H of the instant sales contract,” as in the instant sales contract. First, at the time of the instant sales contract, “D” was transferred to acquire corporate personality (such as a stock company, etc.).

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