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(영문) 대전지방법원 2013.07.24 2013가합1017
사해행위취소
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1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On January 20, 2012, the Defendant entered into a share participation agreement with Nonparty Golf Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on the part of the Defendant to invest KRW 50 million in the room 1 room in the name of the Defendant’s son, and the Nonparty Co., Ltd. entered into a share participation agreement with the effect that the Defendant will operate the screen golf course in Daejeon-gu No. 301 and 302 (hereinafter “instant store”) to distribute profits by operating the screen golf course in the name of the Defendant’s son. The main contents are as follows.

Article 3 (Terms of Contracts)

1. In principle, the distribution of profits from the room room shall be distributed to the defendant and the non-party company to 5:5;

2. In principle, when the minimum profit after the commencement of business falls short of the appropriate line, the non-party company shall compensate the defendant for 3% of the monthly investment amount.

3. In principle, rights to all systems and operation necessary for studio shall be operated by the non-party company.

Article 4 (Termination of Contracts)

2. In the event that the non-party company fails to comply with the contractual terms of Article 3(1) and (2), the Plaintiff and the Defendant came to know while entering the screen golf together. On March 2012, the Defendant introduced that the non-party company recruited investors to open a screen golf course by the non-party company. The Plaintiff entered into a share participation agreement with the non-party company as stated in the above paragraph (1) and thereafter invested KRW 10 million on March 20, 2012, and additionally KRW 50 million on April 19, 2012.

Around February 2012, the non-party company entered into a lease agreement between the new Edudra Co., Ltd. with the lease deposit of KRW 150 million, monthly rent of KRW 2.3 million, and the lease term of KRW 2.3 million from January 20, 2012 to January 19, 2015, and paid KRW 15 million to the new Edudra as the down payment.

Around March 2012, Nonparty Company entered into an indoor interior interior design with the F or G operating E with the intention of KRW 100,000 for the instant store and KRW 30,000 for construction period.

2.3

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