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(영문) 서울중앙지방법원 2017.09.21 2017나11765

구상금 및 사해행위취소

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

This court's explanation is the same as the entry of the part corresponding to the defendant among the reasons for the decision of the court of first instance, except for the parts added or used in paragraph (2) below. Thus, this court's explanation is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Of the reasons for the decision of the first instance court on the part added or changed, the defendant C shall be deemed to be "the defendant" and the remaining co-defendants of the first instance shall be deemed to delete each "the defendant".

The following shall be added to the five pages 20, 21 of the first instance judgment.

(5) As of September 6, 2016, the Plaintiff has a claim of KRW 218,785,059 (= Principal KRW 192,608,491) (i.e., liquidated penalty of KRW 190,251,846 (i.e., liquidated penalty of KRW 524,020 by subrogation) 26,176,568).

“The first instance court’s decision “3.c.”

The part of the "whether Defendant A's fraudulent act and intent to commit suicide" shall be as follows.

As a result of Gap's fraudulent act and intent to injure Gap, Eul evidence Nos. 4, 9, Eul evidence Nos. 12, 13, 15, Eul evidence No. 3, Eul evidence No. 12, 13, 15, and Eul evidence No. 3, the market price appraisal commission to F of the court of first instance, the result of the court of first instance's order to submit each financial transaction information to the National Bank of the court of first instance, and the head of the Dong of the court of first instance, as a result of the court's inquiry of the fact that the court of first instance's request to forward documents to the Suwon District Court of Suwon-gu, Suwon-gu, the court of first instance, based on the overall purport of oral argument, can be acknowledged in full view of the following facts:

Details as of November 18, 2014, KRW 664,69,000 for the instant land as of June 26, 2015, and KRW 390,000 for the instant apartment complex of KRW 703,301,00 for the instant land as of June 26, 2015.