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(영문) 서울고등법원 2015.06.05 2014나52393

공탁금출급청구권확인

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. The grounds for use of this part of the basic facts are as follows: ① “Defendant Cho Jae-chul Co., Ltd.” or “Defendant Cho Jae-chul” shall be deemed to be “Co-Defendant E of the first instance trial”; ② Defendant F shall be deemed to be “Co-Defendant of the first instance trial,” respectively; ② Defendant F shall be deemed to be bankrupt on November 7, 2013 with Seoul Central District Court Decision 2013Hau187, Nov. 7, 2013, and the Defendant was appointed as a trustee in bankruptcy (hereinafter “Defendant”) and shall be deemed to be “Co-Defendant of the first instance trial,” and the Plaintiff’s claim against “the right to set aside a fixed date transfer” and “the right to set aside a fixed date transfer” in the main text of Articles 5 and 11 of the judgment of the first instance court and the Plaintiff’s claim against the “the right to set aside a fixed date transfer” shall not be deemed to have been rejected, and thus, the judgment of the first instance court and the second instance court shall not be justified.

Furthermore, as to the Defendant’s assertion of avoidance power, B entered into the instant loan agreement and the instant loan agreement for the purpose of maintaining a new business, the instant loan agreement does not constitute an act detrimental to any bankruptcy creditor, and even if the instant loan agreement constitutes an act detrimental to any bankruptcy creditor, the Plaintiff is subject to objective data at the time of the contract, such as a loan agreement with the lender around June 2012 and a letter of recommendation of investment with the lender.