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(영문) 대전고등법원 2014.12.04 2013나12578

사해행위취소

Text

1. The judgment of the first instance, including the claims added at the trial, shall be modified as follows:

The Defendants respectively.

Reasons

A. On January 10, 201 and around the 111st of the same month, the Plaintiff entered into a business agreement with the Plaintiff with the following content (hereinafter “instant business agreement”). Around the 12th of the same month, the Plaintiff entered into the instant business agreement with the Plaintiff.

The main contents of the instant business agreement are as follows.

(hereinafter referred to as "the portion not entered is omitted, and obvious clerical error is immediately omitted). The amount of the basic agreement for the business agreement of the contract: The contract of the contract of the contract of the contract of the contract of the contract of the contract of the contract of the contract of the contract of the contract of the contract of the contract of the contract of the contract of the contract of the sale: The first intermediate payment at the time of the contract of the contract of the contract of the sale of the contract of the sale of the contract of the sale of the contract of the sale of the sale of the sale of the daily gold amount of 10,000 won per day: The second intermediate payment at the time of the contract of the sale of the sale of the sale of the daily gold of 20,000 won per day ( 30,000,000 won per day: The remainder at the time of the contract of the sale of the sale of the sale of the daily gold of 50,000 won per day: The amount of the profit under paragraph (4) shall be distributed.

* specially agreed terms**

2. (a) Total project cost analysis; (b) sales price analysis; (c) the National Housing Fund or banking loan service agency (e) indoor architectural designf); or other cooperation in the affairs related to construction, implementation, and construction;

3. Defendant C’s right and liability (A) delegated the sale and purchase of goods to the Plaintiff and sold in lots and sold in lots. (b) The term of the business agreement shall be until the approval for use is received, and the subsequent contract shall be terminated.

C. Upon receipt of approval for use, Defendant C shall pay the Plaintiff the proceeds from sales entered into a contract.

4.The distribution of earnings shall be made by dividing the total sales price by the amount obtained by subtracting the total business cost from the total sales price as follows:

(1) Profits of Eul shall be KRW 30 billion when the amount of sale or purchase is less than 10 billion.

(2) The profit distribution of the amount added to the basic daily amount of at least ten billion won when the amount of sale and purchase is at least ten billion won shall be made to the defendant C 40: plaintiff C 60.

(3)