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(영문) 서울고등법원 2017.07.13 2016나2065467

구상금 및 사해행위취소 등 청구의 소

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1. Defendant B’s appeal shall be dismissed;

2. The following part of the judgment of the court of first instance against Defendant E is acknowledged.

Reasons

1. The reasons why this court is stated in this part of the basic facts are the same as the corresponding part of the judgment of the first instance, if it excludes the following parts, and thus cites it pursuant to the main sentence of Article 420 of the Civil Procedure Act.

From the fourth and fourth parts of the judgment of the court of first instance, the part of the "Defendant A Co., Ltd. (hereinafter referred to as the "Defendant Co., Ltd.")" in Part 6 shall be used as the "Co-Defendant A Co-Defendant A Co., Ltd. (hereinafter referred to as the "Co-Defendant A")", and all of the "Defendant Co-Defendant A" shall be appointed as the "A

In the judgment of the court of first instance, the "transfer registration of ownership as stated in paragraph (1) of Article 2-A of the Act" shall be deemed to be "transfer registration of ownership as stated in paragraph (1) of Article 2-A of the judgment of first instance," and the following shall be deemed to be "transfer registration of ownership as stated in paragraph (1) of the judgment of first instance, registration of establishment of right to lease on a deposit basis as stated in the disposition of the court of first instance, registration of establishment of right to lease on a deposit basis as stated in paragraph (1) of the judgment of first instance, registration of establishment of right to lease on a deposit basis as stated in paragraph (1) of the judgment of first instance

2. Whether Defendant B’s appeal is lawful

A. The first instance court is jointly and severally liable to pay to the Plaintiff KRW 1,275,543,563 (i.e., the amount of subrogated payment of KRW 1,265,211,125, 880, the amount of subrogated payment of KRW 3,540,580, the amount of subrogated payment of KRW 1,265,211, and 125, the amount of subrogated payment of KRW 1,265,21, and 125, which is the date of subrogated payment, from April 8, 2015 to May 6, 2015, the date of delivery of a copy of the complaint in this case against Defendant B, the agreed delay interest rate of KRW 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings until September 30, 2015; and the damages for delay calculated by 15% per annum from the next day to the date of full payment.

In accordance with Article 2(2) of the Addenda to the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings amended by Presidential Decree No. 26553, Sept. 25, 2015, pursuant to Article 2(2) of the Addenda to the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, until September 30, 2015.