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(영문) 서울고등법원 2017.08.17 2017나2007291
사해행위취소
Text

1. The part of the judgment of the court of first instance against Defendant D among the judgment of the court of first instance is revoked, and the plaintiff who falls under the revoked part is against Defendant D.

Reasons

(c) He/she shall supply raw and secondary materials in good faith and the supply unit price shall not exceed the sales unit price of a franchise store currently in operation;

Article 5 (Special Agreements)

1.The full amount of the principal and interest on existing loans which Party A has been repaid to each constituent member of Party B, separate from this Convention, shall be prepared to meet the repayment obligation as soon as possible.

2. If the amount equivalent to 50% of the existing principal and interest on loans that A has to pay to each class member is repaid to each class member, A shall return to B the new store operating rights acquired from B.

3.The subsidy provided for in this Convention may be repaid to A throughout the 12-month period of 10,000,000 each month or deducted from the price of supply provided for in Section 1 of Article IV.

4. For the purpose of guaranteeing paragraph 3 of this Article, Eul will draw up a notice of assignment of claims to Eul for the full amount of the lease deposit that Eul will receive from the building owner of the new store.

*Attachment

1. On January 9, 2015, A (representative of the appointed party) and B’s certificate of personal seal impression No. 1. 2. A, the representative director of the JB representative director of the JB Co., Ltd. Co., Ltd. concluded a transfer contract with the Defendant C, a corporation designated by B, etc. in accordance with the instant new store acquisition agreement, to transfer the entire business of H new store and the remainder of the lease deposit for the above new store building (this is applicable to the transfer contract of the business listed in the attached Table No. 1; hereinafter “this case’s new store transfer contract”) to the Defendant C, and then transfer the above business and claims, and notify the M of the transfer of claims at that time.

Around January 20, 2015, Defendant C prepared a lease contract and sub-lease contract with the content that he wishes to lease the above new store building from M under the same conditions as that of the non-party company’s lease contract, and thereafter, Defendant C directly operates H new store in the above building from around that time.

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