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(영문) 서울고등법원 2017.06.22 2016나2081254

사해행위취소

Text

1. The part against the defendant in the judgment of the first instance is revoked.

2.(a)

Attached list between B and the Defendant.

Reasons

1. The reasoning for this part of the underlying facts is as follows, except for the addition of the reasoning for this part as follows, and thus, it is identical to the corresponding part of the judgment of the court of first instance. Thus, it shall be admitted including a summary pursuant to the main sentence of Article 420 of the

(However, the portion on Co-Defendant D, which has been separately determined). No. 2, No. 15, “E” (hereinafter referred to as “E”) shall be used as “E” and all “E” shall be referred to as “E”, and no more than “E”.

Of the Nos. 3, 1 guaranteed amount “540,00,000 won” below, “(finally reduced to KRW 459,000,000, KRW 200, KRW 9000” shall be added to the following: “(850,000, KRW 200, KRW 8500,000)”; and “The Bank of Korea” shall be established “The Bank of Korea”.

Part 3 1-12 (excluding the table) of the 3rd apartment of this case. The "real estate less than the real estate listed in attached Table 1" shall be "one apartment of this case."

“The apartment of this case” shall be referred to as “the apartment of this case” recorded in the attached list.

"I have sawed."

Part 5 above shall be added to the following:

On October 14, 2015, the Dispute Resolution E, including the rehabilitation procedure for the Dispute Resolution E, applied for rehabilitation on October 14, 2015

(C) On November 9, 2015, the above court decided to commence rehabilitation procedures on November 9, 2015, and decided to obtain the rehabilitation plan on May 9, 2016.

According to the rehabilitation plan, the total amount of the amount of the indemnity to be repaid to the plaintiff is KRW 463,521,225 (the amount of the indemnity to be repaid to the plaintiff is reduced according to the rehabilitation plan), and the amount of KRW 46,352,123 out of the amount shall be repaid to the plaintiff in 2016, and the plaintiff's claim for the indemnity to the merger plan E remains 417,169,102 as of the date of closing argument

Part IV "A evidence 10, Eul evidence 1-1, 2, 3, and Eul evidence 4-1" shall be added to the ground for recognition of conduct 6.

2. The gift contract in this case with the defendant is likely to bear the indemnity liability against the plaintiff in the case of joint and several debt guarantee of the plaintiff in the case of the plaintiff in question of the summary of the cause of the plaintiff's claim.