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(영문) 창원지방법원 2016.09.08 2015가합34796
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. A Co., Ltd. is a company established on November 2, 2004 for the purpose of running the business of manufacturing, selling, etc. of V and widths, and the trade name up to December 24, 2009 was “C Co., Ltd.”

(hereinafter referred to as “A”). (B) In order to avoid confusion with Defendant C Co., Ltd., without relation to the time and time.

Defendant C Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd”) was established on September 19, 2014 as a company established on September 19, 2014 for the purpose of running a V and part manufacturing business, and the A's V business division was separated from A

C. Defendant D, as the representative director of the Defendant Company, was discharged from work in A’s V business division until August 31, 2014.

Defendant E was convicted of having committed a crime of occupational breach of trust (the Changwon District Court Decision 2015Da2013, May 23, 2015) that was found guilty on the ground of the fact of occupational breach of trust, that Defendant E served as the head of the domestic and foreign business team of A from July 24, 2012 to May 23, 2015.

E. On October 1, 2015, A filed the instant lawsuit. On November 23, 2015, it was ordered to commence rehabilitation proceedings by Changwon District Court 2015 Ma10063, and on the same day, it is referred to as “B, its name, in relation to the commencement of rehabilitation proceedings prior to the commencement of rehabilitation proceedings irrelevant to the status of the Plaintiff (hereinafter the Plaintiff), the representative director of the Plaintiff (hereinafter the Plaintiff).

(B) A was the manager of A and taken over the instant lawsuit. B was married with F on February 9, 2015, but the agreement was married around February 9, 2015, and Defendant D is the wife of F (B). [In the absence of dispute over the grounds for recognition, each entry in Gap 1, 2, Gap 23-1, Eul 23-1, Eul 23-3, and Eul 3, and the purport of the entire pleadings, as a whole.

2. The plaintiff's assertion

A. B, at around March 199, operated a V manufacturing and sales business in the name of G by lending the name of F, the wife around March 199, and even after establishing A, the shares are held in title trust with F, etc. and actually A.

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