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(영문) 수원지방법원 평택지원 2018.10.17 2018가단53885

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff (1) concluded a public relations cooperation agreement between the Plaintiff and Nonparty B (hereinafter referred to as “B”) on February 4, 2016, 2016, and the Non-Party Company B (hereinafter referred to as “B”) on August 5, 2016, and on August 24, 2016: (a) concluded a mutual public relations business consultation agreement and program cooperation advertising agreement (hereinafter referred to as “the first agreement”; (b) each of the instant contracts; (c) the second agreement; (d) the third agreement; and (e) the fourth agreement.

(2) The contents of each of the above contracts are as follows: (a) advertisement for the Plaintiff’s products using broadcasting programs planned, produced, and distributed by B; (b) advertisement cycle for the Plaintiff’s services through the channels operated by the Plaintiff; (c) deposit advertising expenses and deposit deposits in the name of loans in B for the advertising and public relations activities of B; and (d) deposit deposits in the form of returning deposits to the Plaintiff on the mutually agreed date.

B. (1) On September 9, 2016, the Plaintiff entered into a mutual publicity agreement with Nonparty B (hereinafter “the fifth contract”) and entered into a joint and several guarantee agreement with Nonparty A, the representative director of the said B, to ensure the return of the non-execution advertising amount.

(2) On March 21, 2017, in order to settle unclaimed deposits, etc. and establish a repayment plan, the Plaintiff entered into a “debted and repaid contract” (hereinafter “debted and repaid contract”) with B, stating that the outstanding claims under the instant first or fourth contract, which the Plaintiff owns against B and A, are KRW 125,00,000, in total. The Plaintiff entered into a “debted and repaid contract” (hereinafter “debted and repaid contract”) with the Plaintiff at least six times in total with respect to the obligation to repay the total amount of claims to the Plaintiff.