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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 15, 2015, the Plaintiff entered into an overall transfer and takeover contract with the Defendant, and hereinafter referred to as “the purpose of this case / [the instant contract / [the Plaintiff and hereinafter the same shall apply]]’s purpose is to comprehensively transfer and acquire all rights and obligations with respect to the company’s business operated by Party A (the Defendant; hereinafter the same shall apply).
Article 2 [Methods] A shall comprehensively transfer the total value of assets and liabilities verified as of July 15, 2015 to B and acquire them comprehensively.
Article 3 (Appraisal and Determination of Property) The assessment of the value of transferred or acquired property shall be based on the total amount of assets and liabilities on the account books as of July 15, 2015, but if both parties deem necessary, it may be revised and assessed based on the appraisal values.
Article 4 [Settlement of Accounts] Finalized Transfer and Acquisition Value shall be paid in accordance with a separate agreement.
Article 5 [Effect] Notwithstanding the preceding Article, this Agreement takes effect on July 15, 2015, and as such, A shall submit a report on business closure on the grounds of a comprehensive business transfer, and B shall carry on a business based on the accounts of B from July 15, 2015.
Article 6. Section A shall faithfully perform the rights and obligations to be transferred to the business, etc., and Section A shall cooperate with Section B in all matters necessary for performing the duties following the transfer and acquisition of the business.
Added
1. Book value of 1. Assets classified into the list of assets: 1. Assets: C 5,059С-gun 5,059С-gun 3,661С-gun 384,405,00 square meters-gun 494,480,000 buildings, general steel framed-gun 22,480,000 general steel-frame 4,000 square meters-type 494.4m22,480,000 general steel-frame and other roof (factory) 494.4m2,417,536,000 general steel-frame 157.25m25m25,625,000;
2. Account payable at 1,365,000,000 building accounts payable at 185,000,000 (E) 188,000,000 concrete package accounts payable at 62,000,000 bank liabilities at 930,000,000 bank liabilities at 1,365,000,000 net assets at 69,241,000 net assets.
(b) its main text;