1. Of the judgment of the court of first instance, the part against the Defendants regarding the conjunctive claim is revoked, and the revocation part is applicable.

1. In the first instance court, the Plaintiff claimed damages against the Defendants primarily on the ground of a tort, and the first instance court subsequently claimed the revocation of a fraudulent act and compensation for value. The first instance court rejected the Plaintiff’s primary claim and partly accepted the conjunctive claim.

As the Defendants appealed against this, the subject of this Court’s trial is limited to the part against the Defendants regarding the conjunctive claim.

2. Judgment on the plaintiff's conjunctive claim

A. The basic facts are (1) The Plaintiff is a company that aims at the wholesale business of drugs, and C is a person who has operated a pharmacy listed in the attached Table (hereinafter “instant pharmacy”) under the name of “D pharmacy”, and Defendant A is a person who has operated the respective pharmacy under the trade name of “F pharmacy”, and Defendant B is a person who operated the respective pharmacy under the trade name of “E pharmacy”.

(2) The Plaintiff entered into a drug supply contract with C around August 2014, and supplied C with medicines from around that time to December 17, 2015. The pharmaceutical price that C did not pay to the Plaintiff is KRW 101,365,929.

(3) On December 31, 2015, C and the Defendants entered into the instant contract for the transfer of business between C and the Defendants with the Defendants, and C concluded a contract for the transfer of business (hereinafter “instant contract for the transfer of business”) with the content that the Defendants transfer the instant pharmacy’s business to KRW 1,300,000,000.

(B) The building on the ground of Seongdong-gu Seoul where the instant pharmacy is located is owned by I and J, the representative director of G Co., Ltd. (hereinafter “G”). The Defendants concluded a lease agreement with K, the agent of J, to lease the first floor of which the said building was set at KRW 500,00,000, KRW 36,000, and KRW 36,000,000, and the period from January 8, 2016 to January 7, 2018.

(C) On the other hand, K is a lessee at the time of the conclusion of the above lease agreement C. G.