이 사건 사해행위 당시 원고는 채무초과 상태였음.[국승]
Seoul High Court 2013Na2016983 (2014.05)
At the time of the instant fraudulent act, the Plaintiff was in excess of the obligation.
Since the claim for sales claimed by the Plaintiff at the time of the fraudulent act of this case is insufficient to be recognized, the Plaintiff may be deemed to have been in excess of its obligation.
Article 406 of the Civil Act
Supreme Court Decision 2014Da225625
Korea
EO
The second instance decision
Seoul High Court 2013Na2016983
December 11, 2014
1. The appeal is dismissed.
2. The costs of appeal are assessed against the Defendant.
Examining the lower judgment and the grounds of appeal, the grounds of appeal by appellant are not included in the grounds of appeal under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, or are deemed to fall under each subparagraph of paragraph (3). Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition