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(영문) 인천지방법원 2016.11.04 2015가합52066
손해배상(기)
Text

1. The part of the Plaintiff (Counterclaim Defendant)’s claim in subrogation of the E-LLC among the main claim against the Defendant (Counterclaim Plaintiff).

Reasons

1. Determination on the main claim

A. As to the claim for the proceeds from the sale of shares, Plaintiff A’s assertion that it is a Chinese company that manufactures and sells sun-dried salt (hereinafter “E”).

(1) The Plaintiff Company (hereinafter “Defendant Company”) owned 87% of the shares, and around January 24, 2013, Plaintiff A owned Defendant C Company (hereinafter “Defendant Company”).

(2) The Defendant Company agreed to pay KRW 104,60,000,000,000,000,000,000,000 among the shares of the Plaintiff Company A, when selling KRW 550,000,00,00,000 among the shares of the Plaintiff Company A owned by the Plaintiff Company A, offsets the Plaintiff’s 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,0000,000,000,000,00,00,00.

) Since the Defendants set off USD 300,000 and did not pay the remainder USD 200,000,000, the Defendants jointly have to pay USD 220,000 ($ 200,000,000 per USD 1,100,000, and there is a duty to pay KRW 104,60,000 among them.

Plaintiff

A asserts that the Defendant Company is liable to pay the purchase price of shares, and the purport of the claim is stated as the claim against Defendant D, and it does not clearly state the grounds for the claim that the Defendants should pay the balance of share purchase to the Plaintiff even through the preparatory brief dated April 14, 2016.

Defendant D is the representative director of the Defendant Company and is in the partnership business.

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