구상금 등
1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:
Defendant B and the first instance court.
1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the following parts written by the court of first instance. Thus, it shall be accepted by the main sentence of Article 420 of the Civil Procedure Act.
【The part written by the court of first instance 【No. 1 and No. 2-1 through No. 4” and “No. 1 through No. 8 (including additional numbers)” shall be written in accordance with the seventh 19 of the court of first instance.
(2) The date of the closing of argument in this case is close to the date of the closing of argument in this case.
" by cutting and cutting as follows:
(2) The amount of the Plaintiff’s preserved claim as of November 10, 2017, which is 449,763,674 won (total amount of indemnity claim 381,131,782 won) + 4,981,670 won subrogated for 379,852,362 won + damages for delay calculated at the rate of 10% per annum from August 12, 2016 to September 28, 2016 (379,852,362 won x 48/366 days x 10% per annum from 63,650,222 won subrogated for 379,852,362 x 10% per annum from 250 to 365% per annum of the instant complaint) 】 165% per annum of the date on which the date of subrogated for 379,852,362 won per 29% per annum.
Therefore, the sales contract of this case shall be revoked as a fraudulent act within the limit of 449,763,674 won, which is the smaller amount between the joint collateral value and the secured claim amount. Accordingly, Defendant B shall be liable to pay to the Plaintiff 449,763,674 won and damages for delay calculated at the rate of 5% per annum under the Civil Act from the day following the date this judgment becomes final and conclusive to the day of full payment.
2. Accordingly, the plaintiff's claim against the defendant B is justified, and the plaintiff's claim is claimed in the trial.