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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. C companies that entered into a sales contract (C companies; hereinafter referred to as “D companies”) are companies that engage in the business of extracting and selling coal resources in the area of the Southern Sene Islands in Indonesia. The Plaintiff owned 70% of the shares of D companies.
On December 2009, the Plaintiff decided to sell to the Defendant 250,000 won 6,250,000 won the shares of D Company (hereinafter “instant sales contract”) and the parts related to the issues of the instant sales contract are as follows.
The purpose of this Agreement is to determine the rights and obligations arising between the plaintiff and the defendant, as the plaintiff transfers 25% of the total equity interest of the company, and the plaintiff, who owns 70% of the share of the D company engaged in mining and selling coal resources based on the mining concession right under the PT. Duta Basti (hereinafter referred to as "duta") and the Coal Management Cooperation Agreement (hereinafter referred to as the "Mining Agreement"), as the mining right holder of the coal mines located in the Indonesian Republic of Korea (hereinafter referred to as the "Sene-gun area").
Article 2 (Performance of this Agreement)
1. The plaintiff transfers his share pursuant to this contract as follows, and the defendant acquires the share from the plaintiff.
(a) Equity interest to be transferred: 25 percent of the total equity interest of the company: The method of payment of KRW 6,250,000,000 (3) in cash: Article 4 (Statement and Guarantee by Transferor);
1. The Plaintiff shall make the following statements and guarantees with respect to D companies, and the content thereof shall guarantee the truth and accuracy as of the date of this contract.
(16) All documents, documents, information, and other data, including business plans, provided by the D Company to the Defendant, are true and false in all respects.