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(영문) 서울고등법원 2015.07.03 2014나2040297

사해행위취소

Text

1. The plaintiff's appeal is dismissed.

2. On the basis of the second preliminary claim added at the trial, the defendant shall either be the one.

Reasons

1. The scope of the trial at the first instance court's request for the restitution of fraudulent act and its restoration from the first instance court to the full value compensation, the full value compensation, the remainder of the conjunctive claim (1,716,876,250 won and damages for delay thereof), and the court of the first instance rejected the remainder of the claim by citing the part concerning the return of the original claim among the conjunctive claim for the cancellation of fraudulent act and the restoration to original status. As to this, the court of the first instance appealed as to only the plaintiff's dismissal of the above part of the conjunctive claim (at the first instance court's appeal, although the defendant appealed, the appeal was dismissed by failing to implement the order within the specified period for correction of recognition of the court of the first instance, and the appeal was dismissed by the court of first instance). The scope of the trial at the first instance court's request is limited to the part concerning the above part concerning the claim for the restitution to original status among the main claims and the first preliminary claims (at the first instance court's first instance court's second instance court's second judgment's second judgment's second judgment's second judgment's second judgment's second judgment's second judgment's ground for rejection.

The defendant is a claim for the return of deposits to the Bank Co., Ltd. (hereinafter referred to as the "Korea Bank") and a assets trust of the Sccoco Co., Ltd. (hereinafter referred to as the "ccoco assets trust").