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(영문) 수원지방법원 2017.05.25 2016가합1628
사해행위취소등
Text

1. Defendant A Co., Ltd. shall start on July 31, 2016 for KRW 469,120,292 and KRW 169,120,292 among them to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 24, 2012, the Plaintiff entered into an agreement with Defendant A (hereinafter “A”) on the total sales contract with the effect that Defendant A is in charge of manufacturing, operating, managing, and managing water meters, hot water meters, and adequate mountain meters, and A/S and ex post facto management of products, and that the Plaintiff shall deposit KRW 300 million total sales deposit and pay activity expenses for the smooth production of finished products by Defendant A (hereinafter “instant agreement”).

In this regard, Nonparty E and F, as an “interested party,” agreed to jointly and severally bear the Defendant A’s obligation under the instant agreement.

On October 24, 2012, the specialized parties enter into this Agreement, which applies in preference to the domestic total sales contract of Gap (the plaintiff; the same shall apply hereinafter) and Eul (the defendant Gap; the same shall apply hereinafter) with the specialized parties, and Gap shall deposit the total amount of deposit KRW 300,000 (Won 300,000,000) in order to produce the finished products smoothly.

b.Article 2 (Matters Agreed) (4) A shall ensure that the gross sales profit ratio of the domestic total sales group is 10% for Party A. 9) A shall pay 3.8% of the sales amount to Party B as activity expenses under paragraph 3 of this Article.

The settlement standards shall be based on the amount collected by A at the end of each month, and the payment date shall be paid to A in cash by the 10th of the following month.

11) The obligation to return the total domestic sales deposit amount of KRW 300,000 (Won 300,000,000) shall be owed to B, and the interested parties shall jointly and severally repay to A the portion in which B has no means to repay. 12) When capital change in B or selling existing stocks to Party A or a person designated by Party A, the priority shall be given, and the price shall be KRW 20,000 per share (Won 20,000).

except that all contracts entered into with persons other than Party A prior to this Agreement shall take precedence over this Agreement.

Article III:1 Termination and Termination 1) The termination of this Agreement shall be either 5.5 billion won of cumulative sales by A after the Agreement, or 21 October 2015. 2) The termination of the Agreement shall be written agreement between A and B.

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