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(영문) 서울고등법원 2017.12.22 2017나2028335
구상금 등 청구의 소
Text

1. The defendant assistant intervenor's appeal is dismissed.

2. The intervenor shall bear the costs of appeal by the defendant.

Reasons

1. The reasons for the conclusion of the judgment of the court of first instance concerning this case are as follows: ① Defendant A was used as the assertion of Defendant A and Defendant’s assistant intervenor in Part 7 of Part 8 out of the reasons for the judgment of the court of first instance; ② the part of Parts 9 through 10 out of Part 10 [No. 4. 1] of the judgment of the court of first instance is the same as the part against the Defendant during the reasons for the judgment of the court of first instance, and thus, it is accepted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. 1) 7, Eul’s evidence No. 6, and the whole testimony and arguments of Defendant A out of Part 8, No. 7 of the judgment of the court of first instance; ② the part of Part 9 through 10, No. 10 of the judgment of the court of first instance (hereinafter “No. 4. 1”), and the fact that the Defendant was not related to the Defendant’s representative and Defendant No. 257. 197.

B. However, in light of the following circumstances, Gap evidence Nos. 14 through 19, 22, 23, Eul evidence Nos. 23, and Eul evidence Nos. 6, and the result of the inquiry of the fact and the whole purport of the pleadings by this court, it is insufficient to view that the above facts and the statement Nos. 2 and 5 alone reversed the defendant's presumption of bad faith, which is the beneficiary, and did not know that the defendant would harm other general creditors at the time of entering into the first mortgage contract of this case, and it is otherwise recognized.

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