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(영문) 서울중앙지방법원 2015.01.16 2013가합91196
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 488,827,545 and the interest rate thereon from April 8, 2014 to the date of full payment.

Reasons

1. Basic facts

A. Status 1) The plaintiff is the People's Republic of China (hereinafter referred to as "China").

(2) Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established under the laws of the Republic of Korea for the purpose of the development, operation, etc. of theme park.

3) Defendant C is the representative director of the Defendant Company. 4) Defendant D is the largest shareholder of the Defendant Company.

B. On February 26, 2011, the Plaintiff entered into an investment agreement between the Plaintiff and the Defendant Company and the Plaintiff’s payment of the Plaintiff’s investment amount (i) the terms and conditions as follows (number : number 20102601) (hereinafter referred to as “A”) between the Defendant Company and the Defendant Company refers to the Plaintiff, and “B” refers to the Defendant Company:

A person shall be appointed.

1. A shall invest 5 million Chinese currency status in B.

2. B shall pay Party A the stocks of a juristic person in return for an investment.

3.The shares to be paid to A may constitute shares of B, or may constitute shares of another corporation with ownership of B.

This problem shall be determined later through consultation between A and B.

4. The time when the shares of a corporation determined through consultation with Gap are paid to Gap, the total number of shares to be paid, the total par value thereof, etc. shall be determined separately by consultation with Eul on the basis of mutual trust between Gap and Eul.

A and B agree that they shall faithfully comply with the above contents, and this Agreement is agreed that A shall have the effect immediately upon the deposit of its investment amount in the Section of the State Bank of B as specified below.

After an investment has been made, B shall have the effect of international law by receiving from the authentication of the International Law Office a written investment confirmation in which the said content is stated.

Matters not dealt with in this Agreement shall be dealt with by concluding a separate agreement.

(C) written the following:

(A) Evidence No. 9, B No. 1. (hereinafter referred to as “A” means the Plaintiff, and “B” means the Defendant Company, respectively.

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