구상금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning of the court's explanation concerning this case is as stated in the relevant part of the judgment of the first instance except for the case as stated in paragraph (2) (Articles 4-6 and 8-20 of the judgment of the first instance). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts to be dried;
A. On the 4th sentence of the first instance judgment, the 8th sentence to 19th sentence shall be followed as follows.
“1) In principle, it is required that a claim protected by the obligee’s right of revocation has arisen prior to the commission of an act that can be seen as a fraudulent act. However, there is a high probability that at the time of the fraudulent act, there has already been a legal relationship that serves as the basis for the establishment of a claim, and that the claim should be established in the near future. In fact, where a claim has been created due to the fact-finding in the near future, the claim may also become a preserved claim of the obligee’s right of revocation (see, e.g., Supreme Court Decision 2000Da43352, Apr. 12, 2002). Moreover, whether an obligor’s insolvency is a debtor ought to be set at the time of the conclusion of the arguments in the lawsuit seeking
“”
B. On the 5th written judgment of the court of first instance, the Defendant Company’s “Defendant Company” in the 5th written judgment of the court of first instance is deemed to be “A Co-Defendant Company A (hereinafter “A”), and the 5th “Nonindicted Bank” in the 5th written judgment is deemed to be the “National Bank Seocho-B” in the 5th instance judgment, and the Defendant Company B in the 5th judgment is deemed to be the “Co-Defendant B of the first instance trial (hereinafter “B”).
C. On the 5th sentence of the first instance judgment, the “300 million won” in the 9th sentence is regarded as “300 million won”.
The 6th sentence of the first instance judgment, the 14th to 21th sentence, shall be followed as follows.
"A evidence 4, Gap evidence 5, Eul evidence 10, Eul evidence 10, Eul evidence 1, Eul evidence 2-1 through 3, and the court of the first instance.