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(영문) 광주지방법원 2020.06.05 2019나62627
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The reasoning for this part of the underlying facts is as stated in Article 420 of the Civil Procedure Act, inasmuch as the reasoning of the first instance judgment is as stated in Article 420 of the Civil Procedure Act, except for those written by the court as follows.

[Supplementary part] Defendant B was registered as the representative director of the non-party company in a de facto marital relationship with Defendant C” in Section 10 of the second instance judgment of the first instance court. Defendant B was registered as Defendant C in a de facto marital relationship with Defendant C.

The fourth 13th tier judgment of the first instance court "the plaintiff, etc. with respect to the investment of this case" was "A, etc. from the non-party company, etc." in relation to the investment of this case.

2. The reasoning for this part of the judgment is as stated in Paragraph 3 of Article 420 of the Civil Procedure Act, inasmuch as the reasoning of the judgment of the first instance is the same as that of Paragraph 3, except for cases where the reasoning for this part is written or added as follows.

[Supplementary part] The sixth first instance judgment of the first instance court, "Defendant B shall hold the office of representative director of the non-party company in the name of the non-party company between Defendant C and his husband and wife," and "Defendant B shall hold the office of representative director of D as between Defendant C and his husband and wife."

Article 24 of the Commercial Act or Article 395 of the Commercial Act shall be amended to "Article 24 of the Commercial Act, Article 395 of the Commercial Act, or Article 401 of the Commercial Act" in Part 6 of the first instance judgment.

The 7th and 6th of the first instance judgment "the fact that the defendant was in a de facto marital relationship, and the fact that the defendant B was the representative director of the non-party company is the same as seen earlier" shall be applied to "the fact that the defendant was in a de facto marital relationship."

No. 12 of the 7th judgment of the first instance court, "the status of the representative director of the company outside the country and the spouse of the defendant C was a de facto spouse" shall be construed as "the sole reason that the defendant C was a de facto spouse."

Defendant B is only the nominal representative director of the non-party company, and Defendant C.

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