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(영문) 대구지방법원 2016.11.02 2016가단1226

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Under the trade name of D, the Plaintiff entered into a financial investment advisory contract with C that operates the financial investment consulting company (hereinafter “instant financial investment advisory contract”), and paid C totaling KRW 60,000,000,000,000 on August 23, 2011, as investment money, as KRW 30,000,000.

On May 16, 2014, the Plaintiff drafted a financial investment advisory agreement with C, and the main contents are as follows.

The contents of investment construction hosting (Article 2) C shall provide the Plaintiff with the following investment consulting:

(1) Analysis and determination of information related to finance and economy for operating financial assets. ② Comprehensive analysis and determination of the types of financial assets and appropriate investment timing. ③ Provision of other mutually recognized data and information as necessary for the management of financial assets during the contract period (Article 4) The Plaintiff shall pay the amount equivalent to 1% of the amount equivalent to the market value of the operating assets appraised at the time of the contract by C during the contract period and 15% of the investment income from the time of termination at the time of termination of the contract.

Article 7 (Period of Contract: From January 1, 2014 to December 31, 2014 (1) (2) Contract assets: 60,000,000 won: < Amended by Presidential Decree No. 1720, Dec. 31, 2014>

When a contract is terminated due to the plaintiff's reason, the contract shall be deemed terminated by notifying C of the termination of the contract.

Provided, That in this case, the plaintiff cannot request C to return consulting fees, and the 15-day elapsed period is required, and when the contract is terminated due to C's circumstances, the 15-day elapsed period is required, and C shall immediately return the remaining portion of consulting fees to the plaintiff.

Within 15 days after the expiration of the contract (Article 11), the contract shall be deemed final and conclusive unless otherwise agreed on the extension of the contract.

Responsibilities and Responsibilities (Article 12) The plaintiff shall be responsible to him by referring to the consultation of C.