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(영문) 전주지방법원 2019.08.22 2018나4997
양수금등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The Plaintiff filed a claim for return of advance payment with the Defendant at the first instance court, and the first instance court accepted the claim for return of advance payment and dismissed the claim for transfer money.

Therefore, since the plaintiff appealed on the part of the claim for the amount of the transfer income that the plaintiff lost, the subject of the judgment of this court is limited to the claim for

2. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Parts to be removed or added; and

A. On November 2, 2015, before the transfer and receipt of the instant claim, D resigned from the office of the representative director of CFF, prior to the transfer and receipt of the instant claim, at the fourth fourth portion of the judgment of the first instance, the fact that D added the assignment of the instant claim and its notification as the representative director of CF, and according to the description of B’s evidence 38, CF’s entire registration certificate was stated in the front portion of 1st portion at the third bottom of the judgment of the first instance, that “D resigned from the office of November 2, 2015, and H was appointed as the representative director on the same day.”

However, in light of the following circumstances acknowledged based on the overall purport of evidence No. 24-7, No. 8, and No. 38 of the evidence No. 24-2 and the overall purport of the pleadings, i.e., D entered into a corporate sales contract with the content of selling CF to H on April 6, 2016, and the registration of change of the representative director of CF as seen earlier was made on April 28, 2016, after the conclusion of the said corporate sales contract, it is difficult to view D as having retired from the office of the representative director of CFF on November 2, 2015, even if evidence submitted in the above facts was neglected. Rather, according to the above circumstances, D was at the time of the instant credit transfer, receipt, and notice.

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