(영문) 대전지방법원천안지원 2016.01.15 2015가합567

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(영문) 대전지방법원천안지원 2016.01.15 2015가합567

손해배상예정액 청구 등

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1. The Plaintiff:

A. Defendant B: (a) from April 21, 2015, KRW 500,000 and its related thereto:

B. Defendant C shall be KRW 500,000,000; and

Reasons

1. Basic facts

A. E Co., Ltd. (hereinafter “instant company”) was established in Thailand; the Plaintiff was 57.1% as of January 2012; and the Defendants owned 14.3% shares, respectively.

B. The Plaintiff and the Defendants concluded a contract with the following terms (hereinafter “instant contract”) on December 28, 2013, when managing the instant company.

On December 28, 2013, for the share acquisition limit of E (hereinafter referred to as "E") established by Thailand law and located in Thailand, the share acquisition contract (hereinafter referred to as "A") and C, B, and D (hereinafter referred to as "F") shall enter into a contract for share acquisition with the following content:

§ 1. [Purpose of this Agreement] The purpose of this Agreement is to transfer to F the total of 57,100 shares of E held by A out of the total of 100,000 shares issued by E to F.

(C) Article 2 [Payment of Transfer Price and Acquisition of Shares] The transfer price of the shares shall be offset against loan investment funds that A has to pay to F, and shall be transferred after the seal of this Agreement.

Provided, That where the transfer of shares is delayed by the law of Thailand, A does not raise an objection.

Article 4 (Completion of Contract) Subsequent to the seal of this Agreement, the entire shares shall be transferred from A to F in accordance with the Thai law, and this Agreement shall become effective from the time of the signing of the contract.

(A) Article 5 [Transfer of Management Rights] (1) A shall transfer to F the management rights of E after affixing the seal of this Agreement pursuant to Section 2 of this Agreement, to F.

(Last) Article 6 / [Period of Repayment, etc.] The sum of outstanding amounts to be paid by E and loaned investment amounts (13,500,000 BHT) to A after the conclusion of this Agreement shall be repaid in 17,00,000 per month for each month.

Provided, That the payment of the outstanding amount shall be applied from February 1, 2014.

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