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(영문) 부산고등법원 2019.09.26 2018나56421
약정금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except where the court of first instance renders a dismissal or added the plaintiff's assertion that was added to this court, and thus, it is consistent with the reasoning of the judgment of the court of first instance.

2. The number of pages 8 to 10 of the judgment of the court of first instance shall be as follows:

Division B Co., Ltd. (hereinafter referred to as “B before division”).

A) The purpose of shipbuilding, repair, sale, etc. is a company established for the purpose of shipbuilding, repair, and sales. B before division changed the trade name to W Co., Ltd. on June 3, 2019 during the instant lawsuit, and established the Defendant by dividing the parts of shipbuilding, special shipbuilding, offshore plant, and engine machinery business, and the Defendant succeeded to the rights and obligations of B before division with respect to the Plaintiff, thereby taking over the status of B before division (hereinafter “Defendant Company”).

) C is a person retired from office on May 201 while serving as a regular director in the Defendant Company and performing the internal cooperative management work at the Defendant Company. There is a person who retired from office on May 201. Article 8 Subparag. 16 of the Court Decision 15 of the Court Decision 8 of the Court Decision 8.

From 11th to 7th of the judgment of the first instance court is as follows.

With respect to the scope of members of the Countermeasure Committee, the Plaintiff stated that the Countermeasure Committee was composed of eight or 15 companies at the time of the preparation of the instant agreement in the relevant fraud case, while C made a statement as 13 or 15 companies. There is no evidence to determine the scope of members of the Countermeasure Committee. The Plaintiff was 21 companies around November 2015, but at the time of the preparation of the instant agreement, eight companies (the Plaintiff, E, G, X (L), Y(K), ZB, AB, and AC (H) were amended to 8 companies (the Plaintiff, E, G, X(K), Y(K), AB, and D(H). However, the instant agreement, etc. is related to four companies.

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