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(영문) 서울중앙지방법원 2015.06.02 2014가합566345
채권양도통지이행 등
Text

1. The defendant shall set forth in attached Form 1 and attached Form 2, which was concluded on September 17, 2009 between the plaintiff and the defendant, to C.

Reasons

1. Facts of recognition;

A. On September 17, 2009, the Plaintiff and the Defendant concluded a contract for acquisition of bonds, stocks, and management rights (hereinafter “instant contract”) with the following terms and conditions as follows.

Accordingly, the claim stated in attached Form 1 and the attached Form 2 were transferred to the defendant.

Article 1 (Purpose of Contract) of the Agreement on Acquisition of Bonds, Stocks and Management Rights (Purpose of Contract) The purpose of this Agreement is to clarify the rights and obligations of the Plaintiff and the Defendant when the Defendant acquires the rights and obligations of the Plaintiff and C (hereinafter referred to as “C”).

The claims and shares subject to acquisition under Article 2 (Subject to Acquisition) are claims held by the Plaintiff against C and Eti Globals on July 18, 2005, and the management rights of C and C, which are issued by the Plaintiff, in accordance with the terms and conditions of the performance hall business investment contract (hereinafter “investment contract”) concluded by the Plaintiff C and Eti Globals on July 18, 2005, as follows:

1. All rights related to project investments and project investments provided for in Article 6 and Appendix 1 of the Investment Contract;

(i) means claims listed in Appendix 1;

Provided, That this does not include the amount already repaid by C to the Plaintiff.

2. It means convertible bonds listed in [Attachment 2] set out in Article 6 and Appendix 2 of the Investment Contract.

and all rights incidental to subscription of convertible bonds

L. However, the amount that C has paid to the Plaintiff does not include the amount that C has paid.

3. Registered common shares 2,500 shares with C issued by the Plaintiff; and

4. The amount of acquisition by transfer of Article 3 (Amount of acquisition by transfer) held by the Plaintiff is KRW 5.23 billion in total.

Article 4 (Price Payment Schedule and Time) The defendant shall pay the acquisition price to the plaintiff in installments as follows:

1. The sum of the amount paid for a certain year of May 52, 2010 (the cost of detention) 52, 201 May 52, 201, 201 .525 May 52, 2012 .5205 May 52, 2013 .52, 2015 .788 August 94, 2015 .52

2. Time of payment: Within 90 days from the closing date ( March 31) of C each year; and

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