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(영문) 전주지방법원 2017.12.07 2015가합2255
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. As to the case of application for the suspension of compulsory execution by this Court 2015 Chicago101

Reasons

1. Basic facts

A. The parties’ related corporation E is a corporation for the purpose of removal, waste disposal, etc., while the Plaintiff Company B (hereinafter “Plaintiff B”) transferred the name of Plaintiff E (hereinafter “E”) to Plaintiff A and Nonparty F, thereby changing the trade name on November 27, 2014. The Defendant is a corporation whose actual owner of E was the representative director.

B. 1) On July 3, 2014, F entered into a contract with H on the following terms: The construction waste interim disposal business address of the E-E point in the following terms: The address of the construction waste interim disposal business at the next set site in the previous building site: J (24t) K (24t) L (24t M (15t) : N excavation period: 100 million won (100,000,000) the total sale amount referred to above is 10 billion won (10,000,000).

Down payment: 4,000,000 n.e. n. n. n. n. n. n. n. n. n. n. n. n. n. n. k. n. n. n. n. n. n. n. n. n.

2) Since then, the transferee of the foregoing contract: “F” terminates the foregoing contract with H, which was an individual contract; and “B” acquires all rights and obligations relating to waste treatment business between Q, the representative of which is “F,” and “B,” a comprehensive acquisition agreement on August 6, 2014 (hereinafter “instant acquisition agreement”).

The purpose of this Agreement is to acquire all rights and obligations in relation to the disposal of wastes from the following points (Article 1) from among the companies operated by E, by a limited liability company. [Article 2] A limited liability company shall assess the assets and liabilities to be acquired in accordance with the market price, unless there is any special reason after the comprehensive acquisition of the assets and liabilities for the business proposed by Q&D (Article 3 E), after the verification of the assets and liabilities for the comprehensive acquisition of the business proposed by the limited liability company.

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