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(영문) 부산지방법원 2015.05.07 2014가합50640

법인양도대금반환

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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

Basic Facts

A. The Plaintiff requested the two M&A Co., Ltd., a consulting company, to purchase a construction corporation whose business type of facility maintenance and management was registered.

The two M&A introduced Co., Ltd. D (hereinafter “the corporation”) operated by Defendant B as the representative director from Switzerland ConstructionM&A, and introduced them to the Plaintiff.

B. On May 15, 2014, the Plaintiff acquired the instant legal entity from Defendant B (hereinafter “instant contract”), and in the process, the Plaintiff, the Defendants, and the two M&A drafted the following documents:

1) On April 28, 2014, the Plaintiff drafted a “corporation (construction business) and a “contract for the transfer and acquisition of stocks” (Evidence 2) as follows between the two M&A and the two M&A. The “A” refers to the transferor company: (a) the term “A” referred to in each of the following Articles refers to the transfer company: (b) the subject matter of transfer (transfer company) is transferred to B: (c) the location of the facility maintenance and repair business: (d) the Financial Cooperative’s investment shares: (a) the amount of loans of 84 units (the current accounts:895,12 won): < Amended by Presidential Decree No. 17517, Apr. 24, 2014; Presidential Decree No. 17506, Mar. 30, 2000; Presidential Decree No. 17518, Feb. 19, 2000; Presidential Decree No. 17520, Feb. 30, 2006>

(including the balance of a mutual aid association). Article 6: The transferor’s duty of disclosure shall be notified to B immediately before this contract, if any implementation of the Construction Industry Act or other relevant Acts and subordinate statutes, and if there is any other serious reason for the company.

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