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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant’s status were established on February 3, 1993 for the purpose of the engineering work, building aggregate gathering and selling business, etc., and the Defendant was established on July 22, 1995 for the purpose of exporting and importing building materials.
B. On May 24, 2006, the Plaintiff acquired 60,000 shares issued by the Defendant from the Defendant to KRW 7.5 billion, but paid KRW 2 billion with the share acquisition price, and paid the remainder of KRW 5.5 billion with the Defendant’s loan and debt repayment in lieu of the Defendant’s loan. Of the terms and conditions of the share transfer agreement, the part related to the instant case is as follows (hereinafter “instant share transfer agreement”).
(2) The amount of stock transfer and acquisition, and payment (1) of the entire amount of stock issued by the Defendant (60,000 won for 10,000 won for 60,000 won for 200,000 won for 200,000 won for 31 July 2006 for the transfer and acquisition of stocks. Preferred to as the Plaintiff’s preferential repayment of corporate debt shall be given priority in repayment of the Defendant’s debt (loan, unpaid debt, etc.) prior to the payment of the transfer and acquisition price of the stock, and shall be paid to the Defendant as follows, and shall be accounted for and accounted for by the Defendant. (1) Total amount: 4.22 billion won for 4.2 billion won for 4.5 billion won for 1.5 billion won for 2.5 billion won for 26.5 billion won for 200,000 won for 3.5 billion won for 20,000 won for 3.5 billion won for 26.
- When the plaintiff has terminated this contract, such as not paying the price within the contract period, this contract shall be null and void, and the plaintiff may claim the return of the down payment.