(영문) 서울고등법원 2016.12.07 2016나2047537

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(영문) 서울고등법원 2016.12.07 2016나2047537

구상금 등 청구의 소

Text

1. Revocation of the first instance judgment.

2. As to the claims stated in the separate sheet between the Defendant and B, December 17, 2014.

Reasons

1. Grounds for appeal Nos. 1 and 2-a and 2-2 of the judgment of the court of first instance, except for the dismissal or addition as follows.

B. Recognizing that it is identical to the entry in paragraph 1, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Section 2 of the judgment of the first instance court, Section 10.B, “B”, and Co-Defendant B, Ltd. (hereinafter “B”).

“In the first instance court, the Plaintiff claimed joint payment of KRW 298,274,547 against B and C, and KRW 298,273,980 from April 7, 2015 to the date of final delivery of a copy of the complaint of this case, and KRW 12% per annum from the following day to the date of complete payment. The duplicate of the complaint of this case was served on B and C on May 7, 2015, and on July 11, 2015, the date of first pleading of the complaint of this case was accepted by the Plaintiff.

“ at the bottom of paragraph 5,” two below

“Next,” was closed on January 28, 2015 by B.

"in addition".

2. Whether it was a fraudulent act and the defendant's good faith

A. In a case where a debtor’s act of reducing liability property causes or deepens the shortage of common security for general creditors, whether the act constitutes a fraudulent act subject to revocation shall be determined based on whether the act ultimately constitutes an act detrimental to general creditors, by comprehensively taking into account the following circumstances: (a) the weight of the debtor’s entire responsible property in the context of a fraudulent act; (b) the degree of insolvency; (c) the economic purpose of a juristic act; (d) the reasonableness of the pertinent act, which is the justification and means of realization of the economic purpose of a juristic act; (e) the reasonableness of the pertinent act; (e) the obligor and beneficiary’s awareness

In addition, many creditors who are in excess of obligations.

참조조문

-민사소송법 제420조

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