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(영문) 창원지방법원 2016.07.14 2015가합1260
사업양수도계약무효확인 등
Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim to nullify the Plaintiff’s transfer and takeover contract against Defendant B.

Reasons

In fact, the plaintiff is a company whose business purpose is the manufacturing and wholesale and retail business of non-ferrous metals.

Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company whose business purpose is the sex, processing, manufacturing, and marketing of automobile parts.

E Co., Ltd. (hereinafter referred to as “E”) is a company whose business purpose is the sex, processing, manufacturing, and sales of automobile parts, and whose name was changed to F Co., Ltd. (hereinafter referred to as “F”) on September 2, 2009.

Defendant C is a representative director of Defendant B and a person who held 54,00 shares of Defendant B from March 201 to May 14, 2014, and Defendant D held 6,00 shares of Defendant C as Defendant C’s wife.

(1) On April 25, 2014, the Plaintiff entered into a contract between the Plaintiff and the Defendant for transfer and takeover of business between the Plaintiff and the Plaintiff (hereinafter “instant contract for transfer and takeover of business”).

A) The Plaintiff concluded a contract for transfer and acquisition of a business: Defendant B’s representative director C: both the Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s representative director B and B’s transfer and acquisition of all rights and obligations with respect to the business (business rights, assets and liabilities specified separately in the business registration certificate and separate description) of H located in H in Gyeong-gun, Gyeong-gun. The purpose of this contract is to comprehensively take over all rights and obligations with respect to the assets and obligations of B in relation to the business rights and obligations of B, located in Ha-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, and Gyeong-gun. The purpose of this contract is to comprehensively take over all rights and obligations with respect to the business rights and obligations of B as of the date of conclusion of the contract under Article 2 (Date and Scope of Transfer and Acquisition). Article 3 (Transfer and Acquisition of Assets) is determined as follows:

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