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(영문) 수원지방법원성남지원 2019.08.30 2018가단228669
추심금
Text

1. The Defendant: KRW 31,935,039 for the Plaintiff and KRW 5% per annum from July 24, 2018 to August 30, 2019.

Reasons

1. Basic facts

A. The instant transfer contract between C and the Defendant is 1) C Co., Ltd. (hereinafter “C”).

D) Around April 2010, the Defendant’s Libya branch was in charge of the Defendant’s Libya branch on June 30, 2014, and established the “E company” for the purpose of construction, construction investment projects, etc., and held 1,950 shares in total issued by Libya corporation equivalent to 65% of the total shares of 3,000 shares. D, while keeping Libya’s seal imprint, had been in charge of the actual business affairs of Libya corporation at Libya. (2) Libya corporation, upon ordering the F corporation on July 17, 2010, had been awarded a contract for H projects under the direction of the F corporation, and had been awarded a subcontract on October 1, 2010 to Libya corporation on October 21, 2015.

For this reason, construction was suspended.

Libya corporation began to review the resumption of construction from February 2013, whether Libya incident comes into a stable state or around February 2013, and in the process, the defendant decided to acquire management rights and shares from Libya corporation C with D mediation.

3) On May 29, 2013, C and the Defendant drafted “Agreement on Promotion of Transfer or Acquisition of a Local Subsidiaries of Libya”, “Agreement on Transfer of Management Right (Transfer or Acquisition of Business)” on June 4, 2013, and “Agreement on Transfer or Acquisition of Stocks” on December 17, 2013. The Agreement on Transfer or Acquisition of Stocks (hereinafter “instant Transfer Agreement”) on December 17, 2013.

The defendant purchased 1950,000,000,0000,0000,000 shares of Libya corporation from C and acquired management rights of Libya corporation which C exercised through its purchase.

The part relating to the instant transfer contract relating to the instant case is as follows.

Article 3: Method of paying transfer price and stocks.

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