사해행위취소
1. Of the judgment of the first instance, the part concerning Defendant B and C shall be modified as follows.
Defendant B shall be the Plaintiff 121,609.
1. The progress of the instant lawsuit and the subject matter of the adjudication of this Court after remand;
A. (1) The first instance court rendered a judgment in favor of the Plaintiff: (a) regarding the Plaintiff’s claim for revocation of the fraudulent act and restitution to its original state against Defendant A Co., Ltd. (hereinafter “Defendant A”), the sales contract between D Co., Ltd. (hereinafter “D”) and the Defendant constitutes a fraudulent act; and (b) revoked the above sales contract within the limit of KRW 294,694,449; and Defendant A rendered a judgment in favor of the Plaintiff that “the Plaintiff would pay the Plaintiff the above KRW 294,694,449 as the equivalent compensation, and the delay damages therefor,” and (b) rendered a judgment in favor of the Plaintiff regarding the Plaintiff’s claim for subrogation against Defendant B and C.
(2) The Plaintiff and the Defendants appealed against each of the judgment of the court of first instance. Before remand, the lower court accepted the Defendants’ appeal and rendered a judgment dismissing all the Plaintiff’s claims corresponding to the revoked portion.
(3) The Plaintiff appealed, and the Supreme Court reversed the judgment below before remanding the Plaintiff’s appeal.
B. The scope of trial by this Court after remand is identical to the scope of trial by the court below before remanding.
2. Basic facts
A. The status of the parties (1) Defendant B served as the representative director from September 30, 2002 to February 17, 201. The defendant B served as the representative director from March 20, 2006 to March 20, 2006.
(2) Defendant C is an infant of Defendant B, and is in office as a director or internal director from September 24, 2001 to September 24, 2001.
B. The Plaintiff’s claim against D (1) filed a lawsuit against the Plaintiff for the return of unjust enrichment with Seoul Central District Court 2007Gahap69075, Aug. 21, 2008, which is calculated on August 21, 2008 by the rate of 5% per annum from August 31, 2004 to November 29, 2007, and 20% per annum from the following day to the date of full payment.