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(영문) 서울고등법원 2017.11.30 2015나11313
사해행위취소등
Text

1. The defendant (Counterclaim Plaintiff)’s motion to intervene in the succession of the succeeding intervenor C Co., Ltd. shall be dismissed;

2.The Court.

Reasons

1. Facts of recognition;

A. The Plaintiffs entered into an agency contract (hereinafter collectively referred to as “instant AH contract”) with Defendant B, who operates a personal business entity called “AI”, with respect to the goods carried forward among the above brand clothing goods (However, there is a difference between the amount of transaction deposit and the amount of security provided for in Article 3 for each of the Plaintiffs) with respect to the goods carried forward among the above brand clothing goods (hereinafter referred to as “AH contract”).

Article 3 (Deposit and Security) (1) B (referring to the plaintiffs who are agency owners) shall deposit only KRW 10,000 in cash with the transaction deposit to Gap (referring to the non-party company or defendant B) at the same time as the contract is concluded.

(2) B shall provide A with any real estate or other property at least 10,000 won to ensure any obligation arising under this Agreement and in connection with this Agreement.

(6) Deposit money shall be paid preferentially when the obligation to Gap is not paid to Eul, and real estate security shall be established with a view to preserving Gap's claim when Eul's non-performance obligation is incurred in connection with this contract.

Article 11 (Business Obligations2) (1) A may, if necessary, request B to submit business data, such as the current status of sales, inventory status, financial status, books, etc., and may frequently check the current status of sales management, etc.

(3) Eul shall transmit the daily sales status to Gap by electronic means at the time of closing on the day, and in extenuating circumstances, notify the FAX thereof, and notify Gap of the inventory list as at the end of each month.

(4) If Party A notifies Party B of the details of monthly transactions by no later than the fifth day of the following month and is notified Party B to Party B, and no objection is raised to the details of transactions within seven days from the date he/she is notified of Party B.

Article 13 (Laccine and Office Automatic Devices) (3) In order to enhance the efficiency of store management, inventory management, and sales management, office automation equipment shall be installed.

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