(영문) 인천지방법원 2018.10.26 2018가합51163

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(영문) 인천지방법원 2018.10.26 2018가합51163

사해행위취소

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1. It was concluded on January 11, 2018 with respect to each vessel listed in the separate sheet 1 and 2 between the Defendant and C.

Reasons

1. Basic facts

A. 1) The Plaintiff is a person engaged in the maritime transport business under the trade name of “D”. 2) The Plaintiff is a company established for the purpose of maritime transport, wholesale and retail business, etc., and the Defendant is a company established for the purpose of inland cargo transport business, ship sale and lease management business, etc., and purchased each of the vessels listed in [Attachment 1 and 2] List from C on January 11, 2018 (hereinafter “each of the instant vessels”).

B. B. On August 1, 2014, the Plaintiff entered into a partnership agreement between the Plaintiff and C (hereinafter “instant partnership agreement”) with the content that the Plaintiff shall invest KRW 500 million in the funds necessary for the operation of the barge “E” owned by C, and C shall pay KRW 7,700,000 (including value-added tax) monthly profit distribution to the Plaintiff by operating the barge.

The part related to this case in the instant agreement is as follows. Article 3 (Liability of the Plaintiff’s Contribution) of the Agreement on the Trade of this case: (a) The Plaintiff provided the said equipment (E) to C with an investment cost of KRW 500,000,000 necessary to operate the said equipment (E) and completing the obligation of investment. Article 5 (Right of Distribution of Profits C) of the Agreement on the Trade of this case provides the Plaintiff with a monthly termination of August 1, 2014 and payment of KRW 7,00,000 ( KRW 7,00,000) to the Plaintiff within ten (10,000) days after the end of each month from August 1, 2014 to the termination of this Agreement. The term of the contract under Article 7 (Period of Contract) of the Agreement on the Trade of this case shall be extended automatically, except in extenuating circumstances, provided that the contract shall be terminated to the automatic vessel of this case.

1. Where the contract period expires;

2. When the plaintiff's investment is recovered;

3. Where it is impossible to perform work due to a natural disaster or force majeure.

4. Where C delays the Plaintiff’s profit distribution without any justifiable reason, Article 9 (Conditions for Recovery of Investment Money) shall request C to recover the investment amount.

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