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(영문) 서울중앙지방법원 2018.04.17 2017가단5092010
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 2012, the Plaintiff: (a) stated that D would undertake the business of selling the sales facilities and business facilities of the Jongno-gu Seoul Metropolitan Government F, G, and H from the fourth-class to the nine-story underground, which were at the time of auction through E Co., Ltd. (hereinafter “Nonindicted Company”); (b) the Plaintiff would pay KRW 50,000 of the sales agency deposit to the Plaintiff in order to obtain exclusive sales agency rights.

B. On October 19, 2012, the Plaintiff entered into an agreement with the non-party company to provide sales agency services related to the instant business, and the non-party company entered into a sales agency agreement with the non-party company to pay the price for such services. In relation to the conclusion and performance of the agreement, the Plaintiff had I pay KRW 50 million to the non-party company.

C. Around January 2013, the Plaintiff, along with I’s husband J, established K Co., Ltd. (hereinafter “K”), deposited KRW 50 million to the non-party company in the name of K as its representative director, and the non-party company returned KRW 50 million to I.

On June 29, 2014, the non-party company entered into a sales agency contract with K on June 29, 2014, stating that the non-party company shall delegate the business of selling goods to K, etc., the sales facilities of the Seoul Jongno-gu, G, H4 to the H4 to the ground 10th floor, and the business facilities (hereinafter “L building”) from the date of entering into the contract to the date of completion of the project, and the sales commission for the total sales amount shall be paid. In performing the business of selling goods by proxy, the expenses for business activities, such as business expenses, operating expenses of the sales organization, etc., such as the cost of business activities, the cost of sales organization, etc.,

E. From July 2014, K prepared an office in the vicinity of L building and started preparation for the instant project, but L building was developed on March 2, 2015.

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