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(영문) 서울동부지방법원 2016.06.15 2015나21808
사해행위취소
Text

1. The plaintiff's appeal and the main claim expanded in the trial, and the conjunctive claim added in the trial.

Reasons

1. The grounds for the court's explanation concerning this case are as follows: (a) the annexed list attached to the judgment of the court of first instance according to the expansion of the primary purport of the claim made in the trial; (b) the annexed list attached to the judgment of the court of first instance shall be replaced by the annexed list attached to this judgment; (c) the annexed list attached to the second-party 1 (a)(4) shall be changed into the annexed list attached to the annexed list 2; and (d) the “Donated money” shall be changed to the “Donated money”; and (e) the “the donated money” shall be changed to the “the donated money” among the donated money; and (e) the decision on the conjunctive claim added in the court of first instance shall

2. The Plaintiff asserts that each money listed in the separate sheet No. 2 attached hereto, which was deposited in the Defendant’s deposit account, is the money deposited in the Defendant’s name, and the Defendant’s wife is entrusted by C, and that the Defendant’s wife is the money deposited in the Defendant’s deposit account. The Plaintiff asserts that the Plaintiff, on behalf of the debtor, subrogated to the Defendant, claiming the return of the amount of KRW 86.7

However, the evidence submitted by the Plaintiff alone is insufficient to recognize the fact that the said money is attributed to the profits accrued from the business activities of C or stored money by the entrustment of C. Therefore, this part of the Plaintiff’s assertion is without merit.

3. The conclusion is that the plaintiff's primary and conjunctive claims, including the parts extended or added in the trial, are all dismissed as it is without merit, and the judgment of the court of first instance is legitimate, and all of the plaintiff's primary claims extended in the appeal and the trial, and the supplementary claims added in the trial are dismissed. It is so decided as per Disposition.

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