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(영문) 부산지방법원 2016.09.07 2014가합12204
사해행위취소 등
Text

1. The Defendants jointly share KRW 25,230,00 with the Plaintiff as well as 5% per annum from May 31, 2013 to September 7, 2016.

Reasons

1. Basic facts

A. On January 19, 2010, the Plaintiff: (a) acquired the entire facilities (including a restaurant) of the “Hccate”, which was operated by Defendant D from Defendant D on the land (hereinafter “instant building”); (b) around December 7, 201, at KRW 85,00,000, including lease deposit, facility cost, premium, etc.; (c) Defendant D opened a call text (including a restaurant; hereinafter “instant call text”) in the name of “Hcate E-based building (hereinafter “instant building”) located within approximately 23 meters away from Hcxxx on the land (hereinafter “instant building”); and (d) Defendant D opened the call text (including a restaurant; hereinafter “instant call text”).

3) When Defendant D received multiple objections from the Plaintiff regarding the opening and operation of the instant call text, the name of the Defendant C was changed on December 22, 201. (b) The Plaintiff filed a lawsuit against Defendant D, including the Plaintiff’s prohibition of business operation, etc., and the Plaintiff filed a lawsuit against Defendant D with Busan District Court 201Ga7161. On December 13, 2012, the said court rendered a final judgment that “Defendant D shall not continue to engage in the instant call text text business until January 18, 2020,” and that “Defendant D shall not lease, transfer, or otherwise dispose of the said call text business,” and that “Defendant D shall not transfer the same to the Plaintiff at least KRW 300,000 per day,” and that “Defendant D shall not transfer the same to the Plaintiff in violation of the contract between Defendant D and the Plaintiff, and that Defendant C shall transfer the same to the Plaintiff in violation of the contract between 300,000,000.”

A. On June 1, 2013, Defendant C entered into a business registration name of the instant call text.

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