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(영문) 서울고등법원 2019.06.05 2018나2050704
용역비
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

Article 1 [Merger] of the Merger Contract shall continue to exist by absorbing D, and D shall be dissolved.

Article 2 [Transfer of Assets, Rights, and Obligations] D shall transfer all rights, technologies, and all business rights as of May 9, 2014 to the Plaintiff on the date of merger prescribed in Article 6, and shall succeed to the Plaintiff.

Article 9 (Appointment of Officers) (Appointment of Officers) The representative E shall be the head of the Plaintiff’s d’s d’s d’s d’s d’s d’s d’, the term of office shall begin from the date of the merger

On May 9, 2014, the Plaintiff, a juristic person, established for the purpose of outsourcing processing, contracting, etc., entered into a contract with E with which the Plaintiff was engaged in a business similar to the Plaintiff, and entered into a contract for the merger of D (hereinafter “instant merger contract”).

The main contents of the instant merger contract are as follows.

After the merger contract of this case, the Plaintiff entered into a contract with the Defendant Company on August 1, 2014, and around June 2014, with Defendant C, under which the Plaintiff dispatched human resources necessary for shipbuilding and plant production and construction produced by the Defendants to the Defendants, and the Defendants are obliged to pay the Plaintiff the service cost for the dispatched human resources (hereinafter “each contract of this case”).

The Plaintiff asserted that the Plaintiff entered into a contract with the Defendants, and presented the evidence No. 4-1 and No. 2 (each contract) based on which the Plaintiff asserted that each of the above contracts was forged, the Plaintiff and the Defendant Company entered into a contract with the same content as the evidence No. 1, and the Defendant Company entered into an oral contract between the Plaintiff and the Defendant C.

The Plaintiff sent human resources to the Defendants by October 2014 in accordance with each of the instant contracts, and the Defendants were the Plaintiff.

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