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(영문) 서울서부지방법원 2016.02.17 2014가합32724
부당이득금
Text

1. The primary Defendants: (a) KRW 2,920,752,905, respectively, to the Plaintiff; and (b) from January 10 to February 17, 2016, respectively.

Reasons

1. Facts of recognition;

A. The primary Defendants (hereinafter Defendant Latber’s LPP partner LP partner(s) made an investment of 50% in each of the private equity funds located in the U.S. and established Maburg Pcs International LP(s) in Malaysia on July 29, 1998.

B. On August 3, 1998, EH acquired an amount equivalent to KRW 42.4 billion of convertible bonds issued by the Plaintiff, and entered into a stock repurchase agreement with the Plaintiff on January 18, 2003, including the following terms, with respect to 599,031 shares of the priority share through conversion of priority shares and reduction of capital (hereinafter “instant repurchase agreement”); and

2. As the above shares were reduced on 27.27, a dividend of KRW 89,869,320,235 (hereinafter “instant dividend”).

Sales proceeds: A company (Plaintiff) shall pay to a foreign shareholder (EH) cash equivalent to KRW 116,200,000 per share of KRW 193,979,94).

Proceedings and Arbitration: Any difference in dispute or opinion arising out of or in connection with this Agreement or in relation to the validity of this Agreement shall be negotiated in order to resolve the dispute within 10 business days from the date the Party notifies the other party in writing.

A dispute which is not settled within 20 business days after the notice of dispute was served shall be finally settled by arbitration in Seoul in accordance with the rules of the International Chamber of Commerce and Industry at the request of either party within 20 business days after the notice of dispute was served, regardless of whether the parties negotiated to resolve the dispute.

Tax, fees and costs: all corporate tax, transfer tax, record tax, and stamp tax arising in connection with this contract.

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