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(영문) 부산고등법원(창원) 2017.07.13 2016나748
사업양수도계약무효확인 등
Text

1. Of the judgment of the first instance, the part of the Plaintiff’s claim to nullify the Plaintiff’s transfer and takeover contract against Defendant B.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company whose business objective is the manufacturing and wholesale and retail business of non-ferrous metals. 2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company whose business purpose is the shape, processing, manufacturing and sales business of automobile parts.

3) From March 201 to May 14, 2014, Defendant C served as the representative director of Defendant B, and owned 54,000 shares out of 60,000 shares of Defendant B, and Defendant D held 6,00 shares out of 60,000 shares of Defendant C’s spouse. Defendant C served as the representative director from August 31, 2009 to F Co., Ltd. (F from E Co., Ltd. to F Co., Ltd. to F Co., Ltd., and from F Co., Ltd on March 14, 2012 to AB Co., Ltd., respectively; hereinafter “F”) as the company whose business purpose is to manufacture and sell automobile parts, presses, sex, processing, assembly parts, etc., and Defendant C’s representative director from July 4, 2007 to May 24, 2011.

B. The contract between the Plaintiff and the Defendant B on the transfer and takeover of the instant business between the Plaintiff and the Defendant B: Defendant B entered into a contract between the Plaintiff and the Plaintiff B on the transfer and takeover of all rights and obligations with respect to the business (the business rights and liabilities specified in the business registration certificate and the separate assets and liabilities specified in the separate business registration certificate) in H located in Gyeong-gun, Gyeong-gun, Gyeong-gun.

Section 1 (Purpose) The purpose of this Agreement is to comprehensively acquire all rights and obligations relating to the assets and business rights of Party B located in H, Ha and Park Chang-nam from Party B.

Article 2 (Date and Scope of Transfer) A shall comprehensively take over all rights and obligations concerning B’s business rights and assets as of the date of conclusion of the contract.

Article 3 (Transfer and Acquisition of Debt Assets) A and B shall determine the details of transfer and acquisition of debt assets as follows:

The remaining amount of the loan is 200,000,000,005.06% on April 21, 14, 196 the term "80,000,000,000, 6.41% J of 6.41% on the loan account number.

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