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(영문) 서울중앙지방법원 2018.10.12 2017가합514666
양수금반환 등
Text

1. As to USD 946,172.94 and USD 300,00 among them, Defendant B Company from June 2, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a domestic corporation that runs the business of manufacturing and selling sports supplies, etc., and the Defendant Company (formerly D company prior to the alteration) is the Defendant Company (hereinafter “C”) with the approval of the Cambodia Development Committee (hereinafter “CC”) as a qualified business entity for investment, and is a Cambodia company that engages in manufacturing and export business such as A., and the Defendant C is the representative of E, the only shareholder of the Defendant Company, who is the representative of the Defendant Company, and is the substantial private company and the former representative of the Defendant Company.

B. On March 25, 2015, Defendant C suggested that the Plaintiff take over the instant factory in a financial crisis by providing the Plaintiff with a detailed statement on the production capacity, etc. of the factory owned by the Defendant Company (hereinafter “instant factory”).

C. On April 24, 2015, the Plaintiff and Defendant C concluded a contract with Defendant C to transfer the shares of the Defendant Company to the Plaintiff at KRW 920 million (hereinafter “instant share transfer contract”). D.

On May 9, 2015, the Plaintiff and the Defendant Company entered into a contract with the Plaintiff to transfer the instant factory facilities, etc. in KRW 920 million (hereinafter “instant contract”). Defendant C and E signed each of the instant contract as a joint and several surety of the Defendant Company, and the key contents of the instant contract are as follows.

Article 1 (Transfer of Factory Facilities, etc.) The Defendant Company shall transfer the factory facilities, machinery, raw materials and lease deposit (hereinafter “instant factory facilities, etc.”) in the separate list on which security rights, etc. are not established on the date of conclusion or the date of separate consultation between the Defendant Company and the Plaintiff (hereinafter “consultation date”) pursuant to each provision of the instant contract, to the Plaintiff, and the Plaintiff shall take over them from the Defendant Company.

Article 2 (Transfer Price and Payment)

3. The down payment shall be USD 200,000, and shall be May 1, 2015.

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