In extreme violation of the ideas of equity, honesty and credibility, the agreements must be revoked. Zhongzhi enterprises committed fraud within the disguise of investment via such chain actions as «planned itemizing through restructuring – capital increase – trust – repurchase». Secondly, the First and Second Respondents shall pay damages to the Complainants for delayed payment of returns on the security deposit. To enter into the determination that the Respondents jointly and severally indemnify the Complainants against the expenses incurred by the latter in conducting the arbitration continuing, including 500,000 yuan in legal price , 5,000 yuan in property preservation price , and 420,000 yuan in property preservation guarantee cost . The contested agreements shall be examined amid all transactions between the Respondents and the enterprises of Zhongzhi Group.
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The Arbitration Panel finds through investigation that Article 4.three of the Supplemental Agreement stipulated that «original shareholders shall complete performing the acquisition obligation within ninety days of the receipt from the buyers of a written notice of equity acquisition». However, the Respondents declare that the fairness repurchase circumstances have not yet been met. The Second Respondent obtained the discover on September 20, 2018, and law firm istanbul türkiye the First Respondent acquired the notice on September 29, 2018.
Zhongxi CPAS, an accounting agency, issued an Audit Report on the Proforma Financial Statements of Run Yun Chengdu Culture Communication Co., Ltd. The three agreements have been coded as Zi Zi No. The Arbitration Panel finds through investigation that the Supplemental Agreement’s signatories included the Complainants as traders, SMI Shengdian as the original shareholder and Qin Hui because the actual controller of the Subject Company. The Complainants and the Respondents did not modify the Supplemental Agreement through the Equity Trust Agreement, and the latter is unrelated to this case. 06-3 respectively, with roughly the same content. 1751) on July 12, 2018, concluding that the net profit of the Fourth Respondent shown in its consolidated proforma profit statement was 312,829,162.33 yuan only for the 12 months of 2017. The Complainants signed a Capital Increase Agreement with the First, Third and Fourth Respondents respectively as traders on March 15, 2017.
That is because the Korean courts evaluate the totality of the circumstances, not how the employer set the contractual construction, in determining who’s the employer. And there’s a special regulation in Korea which invests a severance pay entitlement to any international staff working in Korea no matter how their contracts say about the severance pay. Those attempts, nevertheless, are meaningless within the sense that regardless of these, they are still responsible for the severance pay. According to the Supreme Court of Korea, the matter of who is the employer shall be decided not by how the contract sets forth however by the precise relationship between the events.
