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1. The plaintiffs' appeal against the defendants and the first preliminary claim added in the trial are all dismissed.
2...
Reasons
. Since succession to the whole or essential part of the transferring company's business activities by the acquiring company should be accompanied by a mere transfer of business properties, it does not constitute a mere transfer of business properties. However, in case where the disposal of business properties results in the same result as the transfer or closure of the company's business in whole or in part, a special resolution of the shareholders' meeting is required
(See Supreme Court Decision 93Da47615 delivered on May 10, 1994, etc.). According to the record as to whether a new manufacturing business was transferred (as to the transfer ofG shares or H shares) No. 3, according to the record as to the record as to the transfer of the new manufacturing business (as to the transfer of G shares or H shares), No. 26 of the audit report prepared by the accounting firm No. 2011.
(2) The term “financial status of each sector of business” in paragraph (2) is recognized that Defendant A’s new project volume sales amounted to KRW 36,305,957,00 in the former (2010), while the current term (2011) states that there is no new project title, and at the bottom of the former term (201), that “(*) new project title was transferred to Section I in the former.”
However, according to the facts acknowledged above, it is reasonable to view that the substance of the bicycle-generating business for bicycles produced by G through H is a kind of relay trade business that is exported to E at the price added with sales margin after importing the finished products for bicycles produced by G through H and then the import price, and that the part performed through G is lost its shares in G according to the contract prior to the merger of this case concluded on July 18, 2007 and guaranteed the same type of business as before only until the end of 2010, and it is difficult to view that the business material organization was comprehensively transferred to E while maintaining its identity.
(b)in addition,