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(영문) 부산고등법원(창원) 2016.12.01 2016나21530
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance except for the following determination as to this case, and therefore, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(The findings of fact and judgments of the first instance court shall not be different, even considering the allegations and evidence added in the trial. 2. Additional decision

A. The act of the F’s joint and several surety of the obligation to pay the construction price to the Plaintiff by the Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”) whose representative director is the Defendant Company on behalf of the Defendant Company was beyond the ordinary business of the Defendant Company, and thus, the resolution of the board of directors or the special authorization right of G, the representative director of the Defendant Company, was not required, and the approval of the board of directors was not required because it falls under the self-transaction under Article 398 of the Commercial Act, and thus

B. In light of the overall purport of the arguments in Gap's evidence Nos. 1 through 6, Eul's evidence Nos. 1 and 3 through 6, Eul's witness J, and Eul's testimony, the court of first instance established Eul for the purpose of building and selling the officetel in Busan-gu Busan-gu office office around October 24, 201. On March 23, 2012, F established the defendant company for the purpose of building and selling the officetel in Busan-gu officetel. F owned 50% of the total number of outstanding shares of the defendant company, 30% of the total number of issued shares of the defendant company. The plaintiff actually operated the two companies. The plaintiff completed the above officetel's construction after receiving the above officetel's supply, F was registered as the representative director of the two companies from the incorporation date of Gap and the representative director of the above company, F was registered as the representative director of the company, the contractor's construction of the officetel and the defendant company's company's name on July 14, 2013.

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