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1. The debtor, who is the taking-over of the lawsuit of the defendant B in the trial court, is the taking-over of the lawsuit of the debtor B in the judgment of the court.
Reasons
1. Basic facts
A. The Plaintiff and E Co., Ltd. (hereinafter “E”) are companies engaged in food material distribution business and wholesale business as well as wholesale and retail business, and Defendant B Co., Ltd. (hereinafter “Defendant B”) (as seen in the front and rear, the administrator took over the instant lawsuit at the time of the commencement of the rehabilitation procedure against the instant stock company B during the proceeding of the first instance court, and the decision to discontinue the rehabilitation procedure at the trial became final and conclusive during the proceeding of the first instance court, and Defendant B and Defendant C Co., Ltd (hereinafter “Defendant D”) are companies engaged in agricultural product processing and distribution business.
B. Before Defendant D was established, the Plaintiff and E’s representative director, F and its team leader G, Defendant C and H (hereinafter “H”)’s de facto representative representative, the Defendant C and H (hereinafter “H”), the agent of the Plaintiff and E’s representative director, and the team leader of the Plaintiff C and H (hereinafter “Defendant C”) expected to establish the Defendant D, an agricultural company that received support from the Chungcheongnam-Nam branch. However, the Plaintiff and E agreed to supply goods that each company would exchange and take advantage of competitive products by pre-processing and processing them and delivering part of them to the Plaintiff and E.
In addition, at the time of the above arrangement, H H, Defendant C delegated the power to J as to each of the goods transaction of Defendant D, which is scheduled to be established.
C. Pursuant to the agreement above, E shall be from January 11, 2013 to the same year.
2. Until January 21, 200, rice, etc. was supplied to Defendant B, and the same year from January 20, 2013
2. By December 23, 200, J ordered the goods under the name of H, the delivery place was designated as K Co., Ltd. (hereinafter “K”) located in the voice group in Chungcheongbuk-gun.
After February 12, 2013, Defendant D was established on February 12, 2013 and has been doing so.
2. 14. Business Registration has been completed, and the establishment of Defendant D.