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(영문) 춘천지방법원원주지원 2020.05.28 2019가합5129

사해행위취소

Text

1. Of the instant lawsuit, each of the ancillary claims against the Defendants is dismissed.

2. The plaintiff's defendants.

Reasons

1. Basic facts

A. 1) The Plaintiff and F Co., Ltd. (1) The G Co., Ltd. (hereinafter “F”) concluded a lease agreement with the Plaintiff and F Co., Ltd. on October 1, 2014

(B) each immovable property listed in the separate sheet No. 2 (hereinafter referred to as “the leased object of this case”).

2) As to the instant lease agreement, the following terms and conditions are as follows:

(1) On January 8, 2016, G Co., Ltd.: (a) changed its trade name to H, Inc.; and (b) was merged into the Plaintiff (hereinafter “Plaintiff, regardless of whether before or after the merger”).

(i)Article 1 (Purpose) of this Agreement means A (F);

hereinafter the same shall apply.

(ii) B (the Plaintiff) of the leased object of this case.

hereinafter the same shall apply.

The purpose of B is to maximize mutual cooperation while operating the leased object of this case as G’s distribution store. Article 5 (Change of Structure of Existing Sales Facility and Design/Construction of New Sales Facility)

1. In cases of existing sales facilities, it shall be transferred to the location and contents of each Dong toilet and interior stairs as required by Section B, and in cases of expenses incurred in relation thereto, A shall be borne by Section A;

Provided, That where it is impracticable to bear expenses due to the circumstances of Gap, Eul shall directly bear within the extent of KRW 300 million, and shall be deducted from the rent during the rental period.

Article 6 (Term of Lease)

1. The lease term under this contract shall be 20 years from the date on which Gap newly built sales facilities and obtained approval for use, and if Eul requests the extension of the contract by 6 months prior to the expiration date of the lease term, the lease term may be extended under the lease term under this contract for the additional 10 years.

Article 9 (Establishment of Security Deposits, Monthly Rent, Chonsegwon, etc.)

1. Eul shall deposit 3.5 billion won into a bank account designated by Gap with the security deposit for the leased object of this case, and the time for payment shall be as follows:

(hereinafter referred to as "A"). 3. B