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(영문) 서울중앙지방법원 2014.05.22 2013가합5485
지급지시의 의사표시
Text

1. The defendant (Counterclaim) address of Samsung Center's Samsung Center's Samsung Corporation: Seocho-gu Seoul Seocho 1320-10.

Reasons

1. Basic facts

A. The plaintiff and the defendant share transfer contract 1) The defendant is the People's Republic of China on January 15, 2001 (hereinafter "China").

(C) On April 11, 2001, a corporation entered into a joint venture agreement with the Bupyeong Urban Tour Development-Oriented Corporation (hereinafter “C”).

(2) On April 23, 2007, the Plaintiff entered into a contract for the transfer of equity shares (hereinafter “instant contract for the transfer of equity shares”) under which the Defendant acquired the Defendant’s investment and the right to the investment and its rights, status under the said contract for the joint venture (hereinafter “instant contract for the transfer of equity shares”).

3) The main contents of the instant agreement on the transfer of equity shares are as follows:

1. The transfer price of equity shares shall be KRW 4.65 million in Korean won (hereinafter “transfer price”), and if the total amount of C’s debt exceeds KRW 7,478.60,000 in Korean won, it shall be paid by reducing the excess amount from the transfer price. If the total amount of C’s debt is less than KRW 7,478.60,00 in Korean won, it shall be paid by increasing the amount of shortage to the above transfer price.

4. Separate from the above transfer proceeds, E, F, G 3 persons and 5.8 million U.N.’s abolition 5.8 million U.N. on the 90th day from the Cromatic date in which the lawsuit is pending, but if C becomes final and conclusive, the amount deposited in the said account shall be withdrawn by the Defendant and reverted to it.

In this case, 7,478.60,00 the total amount of debt, which is the deduction standard under the above Paragraph 1, shall be changed to the 6,898.60,000 United Nations.

(2) In the event that C loses, it shall be deemed that the money deposited in the said account is withdrawn to the Plaintiff and reverted to it.

In such cases, 7,478.60,00 United Nations on the total amount of debt, which is the basis of the above paragraph (1).

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