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(영문) 창원지방법원 2015.05.19 2014구합1701
여객자동차터미널사업양도양수신고수리취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On July 13, 2012, the Federation of Merchants in the South Sea Line (hereinafter referred to as the “Federation”) obtained a passenger vehicle terminal business license from the Defendant on July 13, 201, from the company established on August 11, 201 for the purpose of passenger transport ticket business, and carried out passenger transport ticket business, etc. (hereinafter referred to as the “instant business”).

B. On July 25, 2014, the merchant federation entered into a contract for the transfer and acquisition of the instant business (hereinafter “instant contract”) with the Plaintiff. The main contents of the instant contract entered into at the time are as follows.

The term "A" and "B" shall enter into a contract with respect to comprehensive transfer or takeover of all the rights and obligations concerning terminal ticket services of the 2835 Merchant Association in the South-west, South-west, South-west, South-west, and the Republic of Korea, which are operated by the Association of Merchants (Merchants) as follows, and shall keep one copy of each contract with their seals affixed thereon:

Article 1(Purpose)The purpose of this Agreement is to acquire all rights and obligations relating to terminal ticket services operated by “A” from “B”.

Article 2 (Succession to Business) Any transaction partner in transaction with A as of the date of business transfer shall be acquired by “B” and ensure continuous transactions, and “A” shall be taken over under the responsibility of “B” before the transfer.

However, all taxes and public charges (including national taxes and local taxes) incurred prior to the date of business acquisition shall be held responsible for A, and "B" shall ensure that all employees of A continue to work.

C. On July 29, 2014, the merchant federation and the Plaintiff reported that they transferred the instant business to the Defendant (hereinafter “instant report”), and the Defendant accepted the instant report on August 8, 2014.

Article 27, Paragraph 3, Item 4 of the Articles of Incorporation of the Merchant Federation concerning the transfer of the business of this case to the defendant of the merchant federation.

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