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1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim.
Reasons
1. The grounds for admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the part that is amended or added in paragraph (2) below, and thus, the relevant statement is cited pursuant to the main sentence of Article 420 of the Civil Procedure
2. The following shall be added to the 8th page 6 of the first instance judgment, which is amended or added:
D. The plaintiff asserts that the defendant ratified the plaintiff's representative director's activities and ratified the contents of the agreement of this case.
However, just because the defendant accepted the representative director's activities, it is difficult to see that the above payment agreement was ratified by the general meeting of shareholders and the board of directors.
“The evidence No. 11 of the judgment of the first instance as “21 and 29” is replaced by “the evidence No. 9 of the judgment of the first instance.” The respective “this court” of the first instance judgment No. 9 of the 12, 16, 13, 14, and 2 of the 14th sentence is replaced by “the 16th sentence following the 16th sentence of the judgment of the first instance.” The following is added to “the Defendant, if the Plaintiff spent the amount equivalent to the said amount for the cost of the construction of the instant case, not for personal use, for the cost of the construction of the instant case.” The Defendant asserts that the said amount should be deducted from the cost equivalent to the said amount at the time of the receipt of the 20th class allowance.
However, it is insufficient to find out the fact that the Plaintiff used the corporate card equivalent to the above amount of No. 47-3 only for the purpose of receiving this case, and there is no other evidence to acknowledge it.
“This judgment” in the 17th sentence of the first instance judgment is replaced by “the first instance judgment”.
3. On the other hand, the defendant's counterclaim claim is accepted within the scope of the above recognition, and the defendant's remaining counterclaim claim and the plaintiff's main claim shall be dismissed as all are groundless.
The judgment of the first instance is just in conclusion, and all appeals filed by the plaintiff and the defendant are dismissed.