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(영문) 의정부지방법원 고양지원 2021.03.10 2021가단131

사해행위취소

Text

1. The contract for the transfer of bonds entered into on April 4, 2016 between the defendant and C shall be revoked.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment without holding any pleadings (Articles 208(3)1 and 257 of the Civil Procedure Act);

3. The Plaintiff seeking payment of the amount calculated at the rate of 20% per annum from August 11, 2013 to the delivery date of a copy of the complaint in this case, and 12% per annum from the next day to the day of full payment. However, the lawsuit seeking compensation for damages due to the cancellation of the act by deception becomes effective only when the judgment is finalized as a lawsuit for formation. The lawsuit seeking compensation for damages due to the cancellation of the act by deception constitutes a lawsuit for future performance, and it is not applicable to the lawsuit for future performance, and the starting point of calculating the amount of damages for delay is the day following the judgment becomes final and conclusive. Thus, the claim for damages for delay before the above date and the claim for damages for delay exceeding the rate of 5% per annum under the Civil Act are dismissed, respectively.

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