사해행위취소
1. The plaintiff's appeal is dismissed.
2. The total costs of the lawsuit after the filing of the appeal shall be borne individually by each person.
purport, purport, and.
1. The reasoning for the court’s explanation concerning this part of the basic facts is that the corresponding part of the judgment of the court of first instance is identical to that of the judgment, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
“E has caused a guarantee accident, such as the refusal of the payment of a promissory note delivered to the Korea Shipping Association from January 16, 2012 to January 31, 2012,” and “E and D have modified “A Promissory note delivered to the Korea Shipping Association from January 16, 2012 to January 31, 2012,” which read “E and D have caused a guarantee accident that is refused to pay from January 16, 2012 to January 31, 2012,” which read “E and D have modified the Promissory Note delivered to the Korea Shipping Association from January 16, 2012 to January 31, 2012.”
2. The Plaintiff’s judgment should be revoked as a fraudulent act by setting the claim for reimbursement against C as established on February 9, 2012, with the obligee’s right of revocation as the preserved claim against the obligee’s right of revocation.
On the other hand, the Defendant asserts to the effect that “the Plaintiff’s claim based on C’s responsibility becomes unreasonable, since the Jeju District Court Decision 2012Da546 Decided October 16, 2013 became final and conclusive with respect to C.”
The obligee's right of revocation is a system to preserve the obligor's responsible property, and it should be premised on the fact that the obligor can exercise the obligee's right of revocation against the obligor. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that "the obligor who has been exempted shall be exempted from all the obligations to the bankruptcy creditors except dividends arising from bankruptcy proceedings." However, since the proviso provides for exceptions that the obligor shall not be exempted from the liability only for certain obligations specified in the proviso, if the obligor is granted the immunity in the bankruptcy proceedings, the obligee's right of revocation with the obligor's claim as the preserved claim