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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. The Plaintiffs are currently Defendant G’s shareholders of Defendant H (hereinafter “Defendant H”) prior to the division, who were the shareholders of Defendant H (hereinafter “former H”) and Defendant H (hereinafter “new H”) after the division, as examined below by Defendant H (hereinafter “Defendant G”) and then changed the trade name into Defendant G (hereinafter “Defendant G”).
B. On February 24, 2015, the Defendants’ corporate division and transfer and acquisition procedures (1) the former H published the company division plan through the company division plan, and held the shareholders’ meeting on March 6, 2015 and the temporary shareholders’ meeting on March 13, 2015, respectively, and resolved to divide the following company (hereinafter “instant corporate division resolution”).
Pursuant to Article 530-12 of the Commercial Act, a company to be incorporated by dividing the transportation business, etc. among the businesses operated by the company to be divided shall be divided by physical division acquiring 100% of the stocks issued by the company to be incorporated by the company to be divided.
The date of subdivision shall be March 20, 2015 (Scheduled).
In principle, if it is related to the sector subject to division, the company subject to division is established, and if it is related to the sector other than the sector subject to division, the company subject to division shall belong to the company subject to division, and the company subject to division, respectively, to the company subject to division.
(2) On March 13, 2015, Defendant H changed the trade name on the certified transcript of corporate register to Defendant G, and on March 18, 2015, Jeollabuk-do accepted the report on the change of the trade name above.
(3) On March 18, 2015, the Defendants: “1. passenger transport service” in the purpose of business conducted by the former H under its articles of incorporation;
2. Passenger transport services;
7.Stop bus transportation business and tourism business;
8. It is called 'a business which has deleted 5 or less businesses, such as automobile rental business, gas station business and related business'.
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