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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The parties concerned 1) The defendant is a corporation established on June 24, 2008 for the purpose of manufacturing industrial machinery, etc., and D was appointed as the representative director at the time of the incorporation of a corporation, but E was in charge of the defendant's representative director from October 14, 2009 to October 14, 2009 after the change of the total number of five times.
B. A transaction between the Plaintiff and H is a person engaged in the business of manufacturing automobile parts and cooling electronic parts under the trade name of “I”. On June 30, 2008, upon closure of the said I, the Plaintiff transferred all of the patent rights and real estate owned by oneself to the Defendant at KRW 100 million. 2) The Plaintiff supplied the goods to H until H discontinues’s closure of the business. The goods that the Plaintiff had not received at the time of the closure of the I are 69,584,800 won.
C. On June 24, 2008, the Defendant was established on June 24, 2008 with the establishment and operation of the Defendant under a joint venture agreement together with H, and the same year.
7. 14. A joint venture agreement was entered into with the content that sets forth specific investment, equity ratio, asset acquisition, liability burden, etc. for the management of the Defendant, a joint venture (hereinafter “instant joint venture agreement”).
2) On July 14, 2008, H entered into a contract with the Defendant to transfer the patent right owned by H as well as the factory site 1,650.2m2m2 and above-ground factory buildings, facilities, etc. in Nam-gu, Incheon Metropolitan City, Nam-gu, where H is a factory site. The Defendant succeeded to the right of patent necessary for real estate and business from H and succeeds to an employment relationship and engages in the same kind of business in the above factory building. 3) The process of the change of the representative’s corporate register is as follows.
The name title of the representative's name position is the resignation date, and the representative director of D 1D on June 24, 2008, L on January 20, 2009, on January 24, 2009, and on February 24, 2009, H 3 inside directors of H on February 24, 2009, 4 inside directors of H on August 12, 2009.