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(영문) 대전고등법원 2021.01.21 2020나14114
청구이의
Text

The plaintiff's appeal is dismissed.

The plaintiff bears the costs of appeal.

The purport of the claim and the appeal.

Reasons

The reasoning of the judgment of the court of first instance, citing this case, is as stated in the part of the judgment of the court of first instance, except where the court below is written or the plaintiff added a new judgment on the assertion in this court. Thus, this court cites this case pursuant to the main sentence of Article 420 of the Civil Procedure Act.

(Other grounds alleged by the Plaintiff in the appeal do not differ significantly from the allegations in the first instance court, and even if all evidence submitted to the first instance court and this court are examined, the first instance judgment is legitimate).

고쳐 쓰는 부분 4 면 3 행부터 4 행을 아래와 같이 고쳐 씁니다.

The articles of incorporation of the corporation of this case provide that all the affairs shall take effect upon the resolution of the board of directors, and although the general meeting is determined as the final organ, I did not undergo a resolution of the general meeting of members or the board of directors in the process of concluding the

5 Myeon 5 (the plaintiff is not able to submit the articles of incorporation of the corporation of this case).

5 면 15 행부터 6 면 2 행까지의 부분을 아래와 같이 고쳐 씁니다.

2) In light of the following circumstances that can be recognized by comprehensively taking into account the facts acknowledged earlier, the entries and changes in the evidence Nos. 1 and 2, the evidence submitted by the Plaintiff alone is insufficient to recognize that concluding the instant agreement with the Plaintiff representing the instant legal entity constitutes breach of trust against the instant legal entity, or that E was actively involved in the instant agreement, and there is no other evidence to acknowledge otherwise.

We cannot accept this part of the Plaintiff’s argument.

The Plaintiff asserted that, with respect to the process of the preparation of the instant agreement, M’s first agreement was made to substitute for M’s claim, and that E would be the width of the corporation’s interest in the first instance.

The instant agreement is made on the condition that the store and building of the instant corporation are removed by intimidation.

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