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(영문) 부산지방법원동부지원 2014.12.18 2014가합101513
매매대금
Text

1. The Defendant’s KRW 1,229,801,425 as well as 6% per annum from December 19, 2013 to August 20, 2014 as to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 26, 2007, the Defendant drafted a “private entrepreneur’s basic agreement,” which constitutes an “private entrepreneur’s consortium,” in order to participate in the shipping large tourist development project implemented by the Busan Urban Corporation, for the purpose of developing the 4th marine transportation unit tourism facilities for 1058 marine transportation, Jung-gu, Busan Urban Corporation, with the aim of developing the 1058 marine transportation unit facilities.

B. According to Article 3 of the “Basic Convention on the Convention on the Civil Participation in Enterprise,” the parties to the said Convention including the original and the Defendant established a project financial investment company (PFV) after concluding a business agreement with the Busan Urban Corporation. Accordingly, on April 18, 2008, LIFB Co., Ltd. (hereinafter “ELV”) was established.

The Plaintiff acquired KRW 2.10,000,000,000,000 from among the 6,000,000,000 common shares issued by the above ELIFB.

C. The main contents of the terms of “the Basic Agreement on the Convention between Private Enterprises” drawn up between the original and the Defendant are as follows.

2. Notwithstanding the provisions of Article 6 of the Convention, Party A may request Party B to purchase all or part of Party A’s PFV and AMC stocks or equity shares by unilateral declaration of intention (hereinafter “purchase claim”).

(PutO, hereinafter referred to as "right to purchase". However, the right to purchase may be exercised after the execution contract, and the prior approval of Busan Urban Corporation shall be obtained at the time of a change in equity over 5%.

4. It is deemed that a sales contract was concluded between the seller and the buyer for the PFV and AMC stocks or equity shares held by Party A by receiving the notice of claim for purchase by Party B or for receiving the notice of claim for purchase by Party B.

6. B shall pay the purchase price of the PFV and AM stocks or equity shares (hereinafter “sale price”) to A within 15 days from the date of receipt of the claim by B for purchase or the date of receipt by A of the notice of claim for sale.

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