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(영문) 광주지방법원 2013.07.19 2012가합13288
청구이의
Text

1. The defendant's judgment of Gwangju District Court 2004Gahap5749 (main office), and 2005Gahap4514 (Counterclaim) is based on the letter of recognition and acceptance of the plaintiff.

Reasons

1. Basic facts

A. From August 16, 2001 to May 15, 2005, Nonparty C continued to operate the Defendant Company on the ground of Nonparty D, who was in a de facto marital relationship with himself/herself, as a representative director on the pretext of his/her own representative director from May 16, 2005, and currently served as Defendant representative director.

On the other hand, C worked as the representative director of the Plaintiff Company (former trade name: E, F, and B) who is a waste disposal business entity from April 1, 2005.

B. On October 13, 2001, when the Defendant received waste disposal services from the construction company, etc. and entrusted the disposal thereof to the Plaintiff company located in G as a week, the Plaintiff shared the role of treating the wastes by means of reclamation, recycling, etc., and operated a waste collection, transportation, and disposal business. If the Plaintiff is able to collect and transport wastes from the construction company, etc., the part of the waste collection and transportation cost was acquired by the Defendant and the entrusted disposal cost was to be acquired by the Plaintiff.

C. Meanwhile, due to the aggravation of the Plaintiff’s financial standing, C received delegation of the Plaintiff’s operating authority from the early November 2001 to May 8, 2002, and operated the original Defendant Company simultaneously. Although the construction company, etc. received waste disposal expenses from the construction company, etc., it did not pay the Plaintiff the consignment disposal expenses. Since May 9, 2002, the Plaintiff received each of its own waste disposal expenses from the original Defendant, but did not follow the procedures of settlement and distribution.

C Separately from this, while lending money from others during the period from October 13, 2001 to September 30, 2003 to the Plaintiff and having received the return of the borrowed money from the Plaintiff, the above partnership relationship was terminated on September 30, 2003.

On February 22, 2004, the Plaintiff filed a claim against the Defendant for waste disposal costs of KRW 365,256,265 during the period of the said business with the Gwangju District Court 2004 tea894.

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