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(영문) 춘천지방법원 2016.07.13 2015가합5286
사해행위취소
Text

1. The Plaintiff:

A. Defendant B’s KRW 320,935,320 as well as 6% per annum from January 16, 2015 to June 23, 2015.

Reasons

1. Basic facts

A. On August 28, 2006, Defendant B entered into an agreement on the transfer of the D branch office in the Gangwon Daily with E, which operated the D branch office in the Gangwon Daily (hereinafter “D branch office”) and transferred all of the powers regarding the operation of D branch offices in the E to Defendant B, and Defendant B entered into an agreement on the transfer of D branch offices in the Gangwon Daily with the content that Defendant B is responsible for the entire operation of D branch offices.

B. Defendant B entered into an agreement with the Plaintiff on the same day with the following contents, and Defendant B entered into the instant branch contract (hereinafter “instant branch contract”).

(A) From September 1, 2006 to November 25, 2014, the branch office of the Gangwon Daily D was operated. [In part of the written agreement (Evidence 2-1)] Article 1 (Agreement, Article 1 (Agreements) A (Plaintiffs, hereinafter the same shall apply)

A) B (Defendant B, hereinafter the same)

(1) The term “A” means the supply of newspapers and other publications issued by A, and the term “B” means F.D. The business territory of Article 2 (Business Area) is referred to as “B” and “D branch offices. Article 4 (Business Objectives) A shall set up the number of monthly newspapers sold by B and the various business objectives in consultation with each other, and shall achieve the set business objectives in good faith. Article 5 (Sales Unit Price and Price Payment) B shall sell newspapers and publications at the price determined by A, and the Party A shall pay fees and allowances as set forth in the following subparagraphs. (1) The newspaper price to be paid to Party B shall be less than 60% of the monthly subscription price, but Party A may adjust the sales unit price in consideration of sales volume and difficulty of business performance in the region under its jurisdiction.

3) The advertising fee and the newspaper and publication price set according to Gap's business objectives shall be paid within the fixed date set by Gap, regardless of sales or receipts. Article 6 (Confirmation of Attempted Copy A shall notify Eul of the details of the attempted monthly occurrence of the current transaction and the details of the total attempted transaction of Eul, and Eul, if there is any error in the invoice of the notified month and the details of the outstanding amount, within five days.

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