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(영문) 부산고등법원 2013.10.10 2013나355
사해행위취소 등
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

(b).

Reasons

1. Basic facts

A. At around 204, L used the buildings listed in Section 4 of [Attachment 2] and Section 5 of [Attachment 2] on the ground of lease deposit, monthly rent of KRW 100,000,000,000 for each land listed in Section 1 through 3 of [Attachment 2] from M (hereinafter collectively referred to as "the MT site") and constructed buildings listed in Annex 2 list (hereinafter referred to as "the MT warehouse of this case") and the buildings listed in Section 5 of Annex 2 list (hereinafter referred to as "the MT warehouse of this case").

② On July 30, 2004, G and the Defendant were operating the instant marina, and acquired the instant marina business related to L from L to KRW 770 million, including the right to refund the lease deposit amount of KRW 100 million against L to L, and on August 5, 2004, a trade name was registered as “Jart”, “Jat” and “J and the joint business proprietor” as “G and Defendant (50%) and operated the instant marina together.

③ Since then, on September 8, 2005, the Defendant: (a) reported the withdrawal of joint business operators on September 8, 2005 with G; (b) operated a marina at another place in Ulsan area; and (c) from around that time, G independently operated the instant marina and operated the retail store listed in attached Table 1 (hereinafter “instant business”).

B. The plaintiffs' claims against G are as follows.

① Plaintiff A: 11,874,309 won (2): 69,921,403 won, and the sum of 69,921,403 won, and 26,721,680 won, and 96,643,083 won, which were not paid for the supply of goods to G from July 30, 201 to May 4, 201: Plaintiff C: 2,94,152 won, which were not paid for the supply of goods to G, from July 3, 2010 to August 30, 201. Plaintiff D: 9,00 won, a quasi-loan loan credit extended to G for the operation of marina around August 201 to May 2, 201.

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