(영문) 의정부지방법원 2020.05.21 2019가합51291

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(영문) 의정부지방법원 2020.05.21 2019가합51291

전부금

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1. The plaintiff's claim is dismissed.

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

Reasons

.....) The mandators: H. The Defendant (L, M, and N) as the actual investor of the instant company, shall delegate the following to H:

- - The following:

1. Delegation all of the interests, rights, etc. to the delegating of the company at the above location to the delegating, and the delegating shall delegate, on the basis of this power of attorney, all of the powers of the foregoing company as a representative, such as negotiations and decisions on sale, pricing, signatures, and other management of the company.

2. Pursuant to the foregoing paragraph 1 above, I swear that no decision of the person to whom the delegation is made shall be subject to objection or legal liability and shall sign this power of attorney.

C. Of the intermediate payment of the instant sales contract, on April 25, 2015, KRW 800 million: On April 25, 2015, the date of the rest of intermediate payment and the remainder of the intermediate payment, which is KRW 800,000,000,000,000,000 for the first intermediate payment of the real estate (including a juristic person) that the Defendant’s shareholder and four other persons delegated to H sale and purchase, shall postpone the date upon mutual agreement between both parties; (i) on May 29, 2015, the instant real estate sales contract was issued to the Defendant for KRW 20,000,000,000 among the first intermediate payment of KRW 4 billion,000,000,000,000; and (ii) on the same day, the Defendant prepared a receipt with the following contents on July 31, 2015, and received the receipt from the Defendant, who belongs to Q 2015.

He is delegated with delegation and factual confirmation: Q2 is the consolidated representative director entrusted with the management of the instant company: H must receive KRW 800,000,000,000,000 for the remainder of the down payment that was not received from C by the D representative director related to the sale and purchase of the instant company at the end of May 2015, but at the time, request the Defendant residing in Chuncheon as his absence to receive by proxy and keep the said amount.

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