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(영문) 서울중앙지방법원 2016.11.16 2016가단5107045
손해배상(기)
Text

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 is a company that carries on the manufacture, wholesale, and export and import of textile and clothing, and the Defendant is a company that carries on the business of cement manufacture, processing, sale, manufacture, sale, etc. of clothing.

B. The defendant is an Indonesia company that produces clothes as an indonesia company, and is also an indonesia company.

The Plaintiff held 8,697,00 shares issued by the Plaintiff (PT. BUSNA IND INBAL) and 8,696,000 shares issued by the Plaintiff. On or around May 2013, the Plaintiff entered into a share sales contract (hereinafter “instant contract”) with the Defendant that the Plaintiff would acquire the entire shares of the Defendant-owned company and be subject to transfer of management rights (hereinafter “instant contract”). By June 30, 2013, the Plaintiff paid the purchase price and received the said shares and received the transfer of management rights by paying the purchase price as stipulated in the instant contract by June 30, 2013, as set forth in the date of termination.

C. As of the date of conclusion and termination of the above share sales contract, the Defendant stated and guaranteed that the matters stipulated in Article 7 of the above share sales contract are true and correct.

Article 7 (10) of the Act provides that "The subject company has filed all important declarations within the due date, and the subject company has paid all the taxes to be paid by law (excluding taxes whose payment date has not yet arrived)."

In the event that the defendant violated the above statements and guarantees, the defendant shall be liable to the plaintiff for damages due to the non-performance of obligation, and the plaintiff and the defendant shall compensate the plaintiff for the damages in case where the "parties to this Agreement" (hereinafter referred to as "parties to this Agreement") violate the statements, guarantees, commitments, and other obligations stipulated in this Agreement, and thereby the other party shall compensate for the damages caused to the other party.

13.2 Unless otherwise provided in this Agreement, in respect of the breach of this Agreement.

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