매매대금
1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.
2. The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) with KRW 21,951,00,000.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1.The following facts of recognition do not conflict between the Parties:
On April 2010, the Plaintiff, who was in office as the head of the Defendant’s Libya branch, was established as Libya local subsidiary of Libya (hereinafter “E”) for the purpose of carrying out construction and construction investment projects on June 30, 2014, and held 1,950 shares worth 65% of the total shares issued E.
C has been in charge of the actual performance of E in Libya while keeping the E corporate sense, etc. directly.
B. On July 17, 2010, E ordered by the Libya National Land Development Agency (ODAC) to perform construction works under a subcontract for the part of the C-F contracted by Korea Construction Corporation (hereinafter “G”), and the construction was suspended on or around October 201 due to the Libya incident.
E began to review the resumption of construction from February 2013, when the Libya incident comes to the stability of the country, and in the process, the defendant decided to acquire the management right and shares from the plaintiff as C.
C. On May 29, 2013, the Plaintiff and the Defendant drafted “Agreement for Promotion of Transfer or Acquisition of Local Subsidiaries of Libya” in the presence of C, “Agreement for Transfer of Management Right (Transfer of Business)” on June 4, 2013, and “Agreement for Transfer or Acquisition of Stocks” on December 17, 2013.
Among them, the terms of “stock transfer agreement” in this case are as follows:
Article 1 (Purpose of Contract) The purpose of this Agreement is to prescribe all matters related to the acceptance by the defendant through legitimate procedures based on this Agreement, while purchasing the shares owned by the plaintiff among the shares issued by E, and by purchasing them.
Article 2 (Transfer and Acquisition of Stocks and Price for Transfer and Acquisition) (1) The number of stocks to be transferred and taken over: 1,950 shares which are 65% of the total issued and outstanding shares of E. (2) The price for transfer and acquisition: Article 3 (Methods of Payment for Transfer and Acquisition and Delivery of Stocks) (1) The defendant shall do so.