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(영문) 서울고등법원 2016.09.22 2016나2004370

사해행위취소

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the reasoning in this part is as follows: “The Plaintiff is an institution that was appointed as the trustee in bankruptcy of the Busan Savings Bank (hereinafter “Nonindicted Bank”) on August 16, 2012 as the Busan District Court Decision 2012Hamhap4 on August 16, 2012.” The Plaintiff is a corporation that was appointed as the trustee in bankruptcy of the Busan Savings Bank (hereinafter “Plaintiff”) on August 16, 2012 as the Busan District Court Decision 2012Hamhap4 on August 16, 2012. The Plaintiff is a corporation that was appointed as the trustee in bankruptcy of the Busan Savings Bank (hereinafter “Plaintiff”) under the Busan District Court Decision 201Ham24 on August 16, 2012. The Plaintiff cited “the Busan Savings Bank” of the third 10th 10th 3rd 3rd 1 of the judgment of the first instance as “the Plaintiff” and thus, cited it as it is in accordance with the main text of Article 420 of the Civil Procedure Act.

2. The grounds for the parties’ assertion in this part are as stated in the part of “the parties’ assertion” from 20 to 6th 6th 6 of the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The reasoning for this part of the judgment concerning the primary claim is as stated in the part of the judgment of the court of first instance, i.e., from 6th to 8th 1st son of the judgment of the court of first instance.

4. Judgment on the conjunctive claim

A. The reasoning of this part concerning the first preliminary claim is as stated in the part of the “decision on the first preliminary claim” from 8th to 10th 4th of the judgment of the court of first instance. Thus, this part is acceptable in accordance with the main text of Article 420 of the Civil Procedure Act.

B. The conclusion of each deposit ownership trust agreement on each of the instant accounts between the C Company and the Defendants on the determination of the 1 compensatory damages claim as to the 2 preliminary claims is as seen earlier, and the Plaintiff as a creditor of the C Company.