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(영문) 광주고등법원 (전주) 2018.11.22 2017나12641
약정금 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Defendant’s status and F’s acquisition, etc. 1) The Defendant is a company established by D on November 28, 201 for the purpose of the business of building aggregate aggregate, sand and gravel production, aggregate wholesale and retail business, etc. D is each real estate listed in the separate sheet for the said business (hereinafter “instant stone site”). D is each real estate listed in the separate sheet for the said business.

(2) On November 22, 2011, after purchasing Eul limited company T and completing the registration of transfer of ownership in K name on September 16, 2014, F acquired the Defendant’s shares and right of management from D and assumed office as the Defendant’s representative director on October 22, 2015.

(hereinafter referred to as the "Defendant prior to acceptance" is classified as the "Defendant prior to acceptance". (b)

The Plaintiff’s business contents, etc. related to the Defendant before acquiring the instant stone was revoked on April 201, when the previous limited company T&A engaged in the business of collecting earth and stone in the instant stone site. Accordingly, D obtained permission to collect earth and stone after completing restoration work in order to conduct the business of collecting earth and stone in the instant stone site, and D delegated all relevant duties to the Plaintiff. The Plaintiff was engaged in the relevant business, and before acquiring the permission, the Defendant received permission to collect earth and stone around May 2014 from around September 2014.

The Plaintiff borrowed KRW 100,000,000 from E, and disbursed it as the civil construction cost and the Defendant’s operating cost before the acquisition.

3. On February 16, 2015, D and AC registered the appointment as the defendant's joint representative director before acceptance.

D and AC delegate authority to the Plaintiff on March 3, 2015, and the delegating D and AC delegate authority to the Plaintiff on February 15, 2015 in order to raise the following settlement payments.

The plaintiff shall pay the full amount of the profits except for the expenses incurred from the sales revenue, ① the amount of H loan of KRW 60,000,000 and interest and expenses, ② the administrative appeal.

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