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(영문) 대구지방법원 2019.11.14 2018나321451

물품대금

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

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, and such reasoning is acceptable pursuant to the main sentence of Article 420 of the Civil Procedure Act.

(See the evidence duly admitted and examined by the court of first instance, the fact-finding and judgment of the court of first instance are justifiable even if the defendant added the evidence submitted by the court of first instance to this court). The following contents are added between the 6th court of first instance and the 16th court of first instance.

D. Even if the Plaintiff and I actually jointly operated the “D” or if I operated, it is difficult to view that the Plaintiff is a non-party to the instant supply contract as a fraudulent act solely on the ground that the Defendant asserted in light of the description of the disposition document as seen earlier, the details of the tax invoice, and the process of payment. E) Although the Defendant asserts to the effect that the transfer of large amounts of money to the Plaintiff prior to the default or default, it constitutes a fraudulent act, the revocation of the fraudulent act can only be claimed by means of filing a lawsuit with the court, and cannot be asserted as an attack and defense in the lawsuit (see, e.g., Supreme Court Decision 95Da4859, 48605, Mar. 13, 1998). The Defendant’s aforementioned assertion is without merit without further need to examine.

2. Conclusion, the judgment of the court of first instance is justifiable, and the defendant's appeal is without merit.

The defendant's appeal is dismissed.