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(영문) 서울고등법원 2017.08.18 2017나2010723
손해배상등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

(b)in accordance with the above agreement, has become practically the F’s interest and rights;

B. On January 11, 2011, the Plaintiff and the Defendant drafted an investment intent with the Plaintiff to the effect that “The Plaintiff, through E, engaged in the business of developing Mubden mine in Peru, but the Plaintiff paid KRW 1 billion with the subscription price for new shares issued by E, and the Defendant transferred F’s shares to E.”

Article 5 The plaintiff, E, and the defendant confirm that the objective of the joint project is to develop the Mabden processing and sale, mining development, etc. by utilizing the following assets, rights, and organizations owned by F with 90% shares:

F Details of the current status of the area of the F 1 H

I. 3 I 1,30H mining area 8,260HA 228 mining and mining right 228 mining and 6 mining right 28 mining area 3 I 2,30H 28 mining area 1,30 H 18 area 1,30H 18 area 50% of 50% of 1,30 HG 18 natural geological scholars * 3 FGGL * 1 LGGL* 1 * 1.3 Broman * 1 other * 1. 56 mining area 4 line , including K and L, and 56 mining area 4,30T / 10 or more of Mo mining area , and the defendant should own 63 additional shares in the sale and purchase contract for E-U 28 shares in E-U 20 shares in E-U 63 additional shares in E-U 3 capital increase and 60% of the previous E-U 3 mining area.

Accordingly, E shall have ownership as a result of the detailed mining rights, development rights, operation rights, andJ, as referred to in Article 5 above.

Article 12 The Plaintiff shall pay KRW 500,000,000 to the first capital increase for new shares after concluding a contract until February 28, 2011.

Article 13 The plaintiff is consistent with the results of the actual inspection of the F's assets indicated in Article 5 and the F's financial statements delivered by E to the plaintiff through the local agency of Peru, and the shares owned by the defendant among F's shares pursuant to Article 6.

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