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(영문) 광주지방법원 2018.01.18 2016가합57705

매매대금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 7, 2012, the Plaintiff, the Defendant, and the corporation B Chile (hereinafter “Chile corporation”) agreed that the Plaintiff shall take over 100% of the shares of B U.S.A. corporation (hereinafter “Domina corporation”) and BPama corporation (hereinafter “Pama corporation”) from the Defendant and Chile corporation, “three-party agreement for total conversion” and the main contents are as follows.

(hereinafter referred to as “instant sales contract”). Article 1 (Mutual Understanding) A, B (Plaintiff), and C (BC) of the three-party agreement (Evidence No. 11) for conversion of the total market shall mutually understand the following matters as of the date of preparation of the agreement, and confirm that there is no disagreement on the content thereof:

1. Non-unredeemed obligations ($ 5,778) to Luxembourg corporations:

2. The outstanding balance of the credit purchase amount ($52,997) of Domina Corporation A;

3. Unpaid obligations of Eul ($25,750).

4.Article 3(Sale Contract) A, B, and C, of the outstanding balance of the credit purchase amount of Pakistan Corporation A (8 months) and USD 12,564 (Share Sales Contract), Section 3(B), and Section C, of the following terms and conditions:

1. A’s share trading amount by the transferor (A) of the shares held by the transferee (B) of the shares held by the Domina Corporation, Defendant 100%, Defendant 287,692 (A) transferee (B) and Defendant 5%, Defendant 37,000;

2. Luxembourg, Luxembourg, or a transferor (A) of the shares held by the corporation under paragraph (1) of this Article, with a selling ratio of 100%$10,000,000 for plaintiffs 10% as Chile.

3. Matters concerning the sale of shares in the corporation formed by Byung.

1. On October 10, 2012 (e.g., the date of payment of the agreed amount by Gap, the amount of USD 37,000 of the total purchase price of shares under Article 3(2) shall be paid to the foreign local account designated by Eul in the following schedule:

2.The agreement of Section B (1) shall be reached.