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(영문) 의정부지방법원고양지원 2017.07.14 2016가단87790

사해행위취소

Text

1. Claim for the refund of deposit for lease on a building entered into on May 18, 2015 between the Defendant and B.

Reasons

1. Basic facts

A. On February 10, 2014, between B and B, the Plaintiff would operate the “C” in which the Plaintiff sells the products manufactured by the Plaintiff, and entered into a transaction agreement with the following contents (hereinafter “instant transaction agreement”).

Article 3 Section C 1 Address: Lease deposit amount: approximately 16:3,000 won: 50,000 won: 8,000 won: signboard support and test support, 10,000 won: The obligation to pay the goods price under Article 9 on March 1 to February 28, 14: B shall deposit the goods price of credit transaction at the end of each month into the corporate account designated by the Plaintiff.

Article 15(1)(A) If the monthly average purchase amount of B during the last three months of each paragraph of this Agreement is less than 70% of the agreed amount specified in Article 3(7)(7) for three consecutive months, then the Plaintiff shall be liable to compensate the other party to the contract and any third party for any direct damage incurred by the contract due to his/her fault in the implementation of this Agreement. (2) If B terminates during the contract period, at will or by negligence, at the end of this contract, the Plaintiff may terminate this contract after giving written notice to B as a document certifying the termination of this Agreement. (a) If the average purchase amount of B during the last three months of each paragraph of this Agreement is less than 70% of the agreed amount specified in Article 3(7)(e) for three consecutive months, then the Plaintiff shall be liable to compensate the Plaintiff for any damage incurred by the other party to the contract and the third party.

Provided, That this shall not apply where B selects a successor.

B. The Plaintiff, on October 13, 2015, failed to comply with the agreement for at least three months to B, and at least two contacts, Article 15(1)4 and 5(5) of the instant transaction agreement.