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(영문) 서울중앙지방법원 2016.05.04 2015가합527408
사해행위취소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. 1) On May 13, 2011, the Plaintiff entered into a consignment management contract, etc., and the Plaintiff is F Co., Ltd. (hereinafter “F”).

B) As between F, the Plaintiff’s respective real estate listed in the F’s Schedule from F (hereinafter “instant real estate”).

2) The film board located in the film board (hereinafter referred to as “instant film board”).

2) A motion picture hall consignment management agreement (hereinafter “instant consignment management agreement”) whose content is to operate the Plaintiff’s brand for five years after being entrusted with the management of the business (hereinafter “instant consignment management agreement”).

) A special agreement on the sale of brands and G brands (hereinafter “instant special agreement”).

(2) The main contents of the instant consignment management agreement and the instant special agreement are as follows.

(B) In the following, “A” and “B” refer to the Plaintiff respectively. 【The entrusted management contract of this case】 Article 2 (Scope of Business) of the instant entrusted management contract

1. He shall provide services to A (1) Any area building meeting the standards for film theaters of B;

(2) The movie theater shall bear all the expenses related to the operation of the movie theater (including personnel expenses, expenses, marketing expenses, management expenses, etc.).

(3) A shall comply with the regulations for the unification of Eul's brand (CI, private sunset, uniforms, movie tickets, etc.).

(4) A shall operate and maintain movie theaters in compliance with relevant Acts and subordinate statutes.

(5) Motion picture audience-related authorization and permission shall be obtained.

2. He/she shall entrust the management of a film museum owned by Gap with the delegation of Gap;

(2) Eul shall provide Gap with the know-how required for the overall operation of the film museum.

(3) After prior inspection of various matters concerning the operation of motion picture theaters environments, indoor signboards, etc., a person shall consult with B by presenting problems, etc., and Gap shall have him/her repair or supplement them.

(4) Where the expenses incurred in other business conducted by A at the request of a motion picture theater due to the operation of the motion picture theater are incurred, a separate contract shall be concluded to proceed.

Article 4 (Period of Entrusted Management) The period of Entrusted Management shall be five years from the date of commencement of the business, and three years from the date of mutual consultation with A and B at least three months before the expiration of the contract.

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