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(영문) 서울중앙지방법원 2016.07.07 2015가합532936
부인 결정에 대한 이의의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The Seoul Central District Court between the plaintiffs and the defendant.

Reasons

1. Basic facts

A. The acquisition of each ready-mixed business between the plaintiffs and C is also a contract. 1) The plaintiff A Co., Ltd. (hereinafter "A").

) On September 24, 2013, C Co., Ltd. (hereinafter “C”) is called “C”).

(ii) Hamba factory located in G and H (hereinafter referred to as “I factory”) in Tri-si.

As to the Plaintiff A, the Plaintiff paid KRW 1 billion as the acquisition price to the Plaintiff, and the Plaintiff entered into a contract for business takeover with the Plaintiff to transfer all of the I factory assets listed in the separate sheet No. 1 attached hereto to the Plaintiff. In addition, the Plaintiff A also entered into the agreement for business takeover on September 26, 2013 and the Lemi-mixed factory located outside of the JJ in the Haju-si and six parcels (hereinafter referred to as “original factory”).

(2) On September 24, 2013, the Plaintiff Company B (hereinafter “B”) entered into a contract with the Plaintiff to transfer all of the main factory assets listed in the separate sheet No. 2 in the separate sheet No. 3 (hereinafter “each of the instant factories”) with respect to a ready-mixed factory located in K (hereinafter “three-party factory”) on September 24, 2013, with respect to an I factory, main factory, and three-party factory (hereinafter “each of the instant factories”), the Plaintiff Company paid KRW 2 billion to the Plaintiff Company as the acquisition price, and C concluded a contract with the Plaintiff to transfer all of the three-party factory assets listed in the separate sheet No. 3 (hereinafter “each of the instant acquisition price”).

3) There was no separate resolution of the board of directors regarding the conclusion of each acquisition agreement of this case. (4) The Plaintiffs paid the full amount of acquisition price to C on the date of the conclusion of each acquisition agreement of this case. On October 1, 2013, the Plaintiffs received each asset listed in attached Tables 1 through 3 from C and currently occupy it.

B. C filed an application for commencement of rehabilitation proceedings with the Seoul Central District Court on September 30, 2013, and the Seoul Central District Court commenced rehabilitation proceedings with respect to C on October 17, 2013 and L as C’s custodian.

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