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(영문) 서울중앙지방법원 2020.01.21 2016가합581096

사해행위취소 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company running the software and content development and supply business. Defendant B (hereinafter “Defendant Company”) is a company running the information provision business and information technology, system and software development and distribution business. Defendant C was a company (hereinafter “D”)’s internal director, a company operating online information provision business, digital content brokerage business, etc.

B. Article 1 (Purpose of Contract) such as the conclusion of a monetary loan agreement between the Plaintiff and D and the preparation of authentic deeds

1. The Plaintiff and D conclude this contract with a view to clarifying the business and duty procedures between D and D in order to use the users’ settlement of Internet services owned by D and F, G, H, and I as “J”, “K, L”, and “E” (hereinafter “security site”) as “M,” the Plaintiff’s settlement agency service, and thereby, lend the prior payment to D as security. D and the joint guarantor shall make sure that the prior payment is made in order to clarify their business and duty procedures.

2. The advance payment that the Plaintiff pays to D is limited to the acquisition price of “E”, and may not be used for other purposes, such as the Company’s operating fund.

Article 2 (Advance Payment Amount) The amount of the Plaintiff’s advance payment to D is KRW 1,100,000,000, and the due date shall be January 15, 2014, and D shall notify the Plaintiff of the account information to be deposited in advance.

Article 5 (Advance Payment Fees)

1. When the Plaintiff pays the advance payment under Article 2 to D, 2.5% of the advance payment shall be deducted from the fees.

Article 6 (Reimbursement)

1.D shall redeem the amount of money referred to in Article 2 as the settlement of accounts, which is a sales bond on the secured website;

2. In principle, the Plaintiff shall settle the settlement amount of D in each week, and shall pay the amount paid in each week after offsetting the amount paid in advance against the amount paid in each week.

Article 7 (Mandatory Matters)

2. D and joint and several suretiess are the plaintiffs.