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(영문) 서울고등법원 2019.04.19 2018나2018182
가지급금 반환
Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2. All of the Plaintiff’s claims against the Defendants.

Reasons

1. Basic facts

A. On October 18, 191, the Plaintiff is a company established for the purpose of manufacturing food ice, freezing and freezing business (hereinafter “Plaintiff company”). On December 22, 201, the Plaintiff registered an additional housing construction business in the purpose business and changed its main business from 2012 to housing construction and sale business.

B. G (1927) who was the representative director of the Plaintiff Company (1927) repeated entry and discharge from a hospital in a middle-patient room and a medical care center from the year 2012 due to the aggravation of health conditions due to the aged age, and died on December 15, 2015.

(hereinafter “the deceased”). C (Co-defendants in the first instance trial) as the deceased had been engaged in housing construction and sales business since the year 2012 by substantially operating the Plaintiff Company. After the deceased’s death, he/she is appointed as an internal director on November 13, 2015 and currently operates the Plaintiff Company.

C. Under the premise that the Plaintiff Company owned the claim for provisional payment of KRW 1,358,349,482 against the Deceased based on corporate accounting books, each of the reports of accounts, and each of the reports of accounts, the Plaintiff Company filed the instant lawsuit seeking the performance of inheritance obligations against the Defendants, the inheritor of the Deceased, and C, and only the Defendants except C, after the judgment of the first instance was rendered.

[Ground for Recognition: Facts without dispute, entry of Eul evidence, purport of whole pleadings]

2. Until March 31, 2015, the Deceased Company’s assertion that he/she had been working as the representative director of the Plaintiff Company, withdrawn the Company Fund under the pretext of provisional payment, and did not repay the total of KRW 1,358,349,482 up to now by paying part of the Company.

Therefore, the Defendants, the inheritor of the deceased, are obligated to repay to the Plaintiff according to their respective inheritance shares.

3. In light of the following circumstances, it is difficult to believe the evidence submitted by the Plaintiff Company as is, and otherwise, in light of the overall purport of the statement and pleading of evidence Nos. 7-1, 2, 8-1, 2, 3, and 11-1, 1, 2, 3, and 11-1.

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