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(영문) 서울고등법원 2020.09.23 2019나2048661

사해행위취소

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance, and such reasoning is acceptable pursuant to the main sentence of Article 420 of the Civil Procedure Act, in addition to the partial dismissal

(Attachment 1 of the judgment of the court of first instance) No. 8 of the judgment of the court of first instance on the part 2.2. The phrase “A evidence No. 9” shall be deemed to read “A evidence No. 9 and No. 30”.

From 10th to 7th of the first instance judgment, the following shall apply to the first instance judgment.

p. The plaintiff filed a criminal complaint with BJ, the representative director of the defendant company, on the charge of perjury, and the prosecutor of the Seoul East District Prosecutors' Office issued a disposition on September 27, 2019 to the effect that the amount of contribution was not suspected of having been proven to have been invested by the plaintiff in the construction of this case, and in light of the account transfer details submitted by BJ and the account transfer details of BF, etc., the plaintiff cannot be confirmed to have invested in the construction of this case. The contractor of the construction of this case can be deemed to be the non-party company, and the evidence submitted by the plaintiff alone is insufficient to recognize that the plaintiff invested the money borrowed from his money or BF to the subcontractor of the construction of this case from the non-party company, or paid the construction cost with his money borrowed from his money or BF, "No. 6, No. 7, No. 20, No. 20, No. 23536, No. 254, No. 275, No. 11 of the judgment of the first instance.

From 11th to 12th of the judgment of the first instance, the following shall be followed:

① Of the instant construction, Nonparty Company: (a) subcontracted machinery and equipment construction to AJ; (b) to BG; (c) to CH and AK; (d) to CH and AK; and (c) to AL; and (b) to BI, electrical equipment construction; and (c) to Nonparty Company as contractor.