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(영문) 서울중앙지방법원 2016.10.25 2016가합525492
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. The Plaintiff’s claim 1) The Plaintiff Co., Ltd. (hereinafter “C”)

(2) On May 29, 2009, around July 12, 2010, the credit guarantee agreement for the cause of KRW 200 million of the guaranteed principal, the credit guarantee agreement for KRW 170 million of the guaranteed principal, and the credit guarantee agreement for KRW 85 million of the guaranteed principal on July 12, 2010, respectively, and the B guaranteed the debt of KRW 85 million under the above credit guarantee agreement. (2) A was granted a loan from the Korean bank on the basis of the above credit guarantee agreement, but on May 24, 2014, the Plaintiff paid to the Korean bank KRW 459,04,512 on September 2, 2014.

3) The Plaintiff filed a lawsuit against C and B for the claim for reimbursement of the amount of subrogated payment (Seoul Central District Court 2014Da5256424), and on November 26, 2014, the Plaintiff rendered a judgment that “C and B jointly and severally pay to the Plaintiff 457,548,550 won and damages for delay of KRW 457,548,059 among them,” and the said judgment became final and conclusive around that time. (b) The first contract between B and the Defendant was concluded between B and the Defendant) B and the transfer contract between the Defendant for distribution claim (hereinafter “the first transfer contract of this case”).

(1) The Korea Music Copyright Association (hereinafter referred to as the “copyright Association”) is incorporated by B as follows:

(1) The right to claim the distribution of royalties for the use of a copyrighted work against the Plaintiff (hereinafter “instant royalty”) and the “right to claim the distribution of the instant royalty”).

(2) The Defendant shall pay the advance payment of KRW 126 million to B. (3) The term of the contract is 39 months ( September 30, 2011). (4) The amount equivalent to 70% of the Defendant’s royalty paid from the Copyright Association (hereinafter “amount appropriated for advance payment”).

If the accumulated total amount reaches an advance payment, the contract shall be terminated automatically.

In such cases, the defendant shall lose the right to claim distribution, and B shall acquire the above right again.

(b) during the contract period;

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