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(영문) 서울중앙지방법원 2013. 05. 08. 선고 2012가합544877 판결

무변론에 따른 자백간주로 사해행위취소소송[국승]

Title

A lawsuit seeking revocation of a fraudulent act as deemed to be a confession made without pleading.

Summary

Defendant AA Co., Ltd. shall pay to the Plaintiff 200 won and 20% interest per annum from February 9, 2013 to the day of full payment; Defendant AB shall be jointly and severally with Defendant AA Co., Ltd.; and 00% interest per annum from January 30, 2013 to the day of full payment; each payment shall be made.

Related statutes

Article 257 of the Civil Procedure Act

Article 208(3)1 of the Civil Procedure Act

Cases

2012 Gohap 544877 Reimbursements

Plaintiff

Korea

Defendant

1. AA 2. AB

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

April 26, 2013

Text

1. Defendant AA Co., Ltd. shall pay to the Plaintiff 20% interest per annum from February 9, 2013 to the day of full payment, and Defendant AB shall jointly and severally with Defendant AA Co., Ltd., and 20% interest per annum from January 30, 2013 to the day of full payment.

2. The costs of lawsuit are assessed against the Defendants.

3. Paragraph 1 can be provisionally executed.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claim;

The grounds for the claim shall be as specified in the attached complaint.

2. Applicable provisions;

Articles 257 and 208(3)1 of the Civil Procedure Act (a decision made by a non- pleadings)