logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2014.04.09 2013나4003
사해행위취소
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. Golf Business Co., Ltd. (1) The Defendant entered into a share participation contract with the Defendant on January 20, 2012 (hereinafter “FF business”)

B) Between the Defendant and the Defendant’s ASEAN, the Defendant invested KRW 50 million in the room room in the name of the Defendant, and Nonparty Company 301 and 302 (hereinafter “instant store”) in Seo-gu, Daejeon.

In order to operate a screen golf course and distribute profits, a share participation contract has been concluded. 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 Article 3(1) and (2) of the terms and conditions of the contract, the Plaintiff and the Defendant came to know while accompanying the screen golf course. On March 2012, the Defendant introduced that the non-party company recruited investors in opening a screen golf course by the non-party company. The Plaintiff entered into a share participation agreement with the non-party company, which is identical with the aforementioned paragraph (1), and thereafter invested KRW 10 million on March 20, 2012, and KRW 50 million in addition, on April 17, 2012.

B. On January 20, 2012, the non-party company (i) is a new Master New Master, Ltd. (hereinafter “New Master,”) around January 20, 2012.

B) As to the instant store, the Plaintiff entered into a lease agreement with the term from January 20, 2012 to January 19, 2015, setting the lease deposit amount of KRW 150 million, KRW 230 million per month, and the term of lease from January 20, 2012 to January 19, 2015, and paid KRW 15 million as the down payment to the New Hanyang Daily. (2) On March 22, 2012, the Nonparty Company set the construction price of the instant store as KRW 10 million and the construction period of KRW 30,00.

arrow