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(영문) 창원지방법원 2015.11.25 2014가합34416
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The relationship 1) Plaintiff E’s business objective is the type of automobile parts from March 201 to May 14, 2014, G Co., Ltd. (hereinafter “G”) with respect to the type of business, processing, manufacturing, and selling of automobile parts, gold-type and chep design and manufacture sales business, etc.

The representative director of the Plaintiff is the Plaintiff E’s children, and Plaintiff B is the Plaintiff’s wife, and Plaintiff C (hereinafter “the deceased”).

The mother of Plaintiff E is the deceased on February 1, 2015. As the deceased died on February 1, 2015, Plaintiff E and D taken over the instant lawsuit. 2) The Defendant is a company whose business purpose is manufacturing and wholesale and retail business of non-ferrous metals.

B. On April 25, 2014, G is subject to a contract for transfer and takeover of G’s assets and business rights (hereinafter “instant contract for transfer and takeover”) between G and the Defendant on the following terms:

A) The Defendant concluded a contract for transfer and takeover of business: (a) the Defendant did not pay the transfer price to G. The Defendant’s representative director E: (b) the Defendant’s representative director E and B entered into the contract as follows in a comprehensive transfer and takeover of the rights and obligations with respect to G’s business (business rights, assets and liabilities specified in the business registration certificate and separate description) located in Gyeong-gun, Gyeong-gun, not Gyeong-gun. (c) The purpose of this contract is to comprehensively acquire all rights and obligations with respect to G’s business rights and obligations, which were operated by G as of the date of conclusion of the contract under Article 2 (Date and Scope of Transfer). Article 3 (Transfer of Assets) and B shall determine the transfer of assets by the amount of transfer of assets by April 25, 2014 (B).

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