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(영문) 서울고등법원 2020.09.22 2020나2000191
사해행위취소
Text

1. The part of the judgment of the court of first instance regarding the lawsuit shall be revoked.

2. The main office of this case shall be dismissed.

3. Due to the principal claim.

Reasons

1. The progress of the lawsuit of this case and the scope of the trial of this court after remand

A. In order to preserve the claim for reimbursement against C Co., Ltd. (hereinafter “C”), the Plaintiff filed a claim against the Defendant for revocation of fraudulent act and compensation for equivalent value with respect to each claim listed in the separate sheet (hereinafter “each claim of this case”) between the Defendant and C (hereinafter “each claim of this case”).

In this regard, the defendant filed a counterclaim against the plaintiff for the confirmation of invalidity under Article 644 of the Commercial Code on the joint and several guarantee contract between the plaintiff and C, which was the basis of the establishment of the above claim for reimbursement, and the preliminary revocation of fraudulent act.

B. On September 1, 2017, the first instance court: (a) accepted the Plaintiff’s claim in entirety; (b) dismissed the part of the Defendant’s counterclaim; and (c) dismissed the conjunctive claim; and (d) declared that the costs of lawsuit are assessed against the Defendant by combining the principal claim and the counterclaim.

The defendant appealed on the part of the main claim in the judgment of the court of first instance and the conjunctive claim in the counterclaim.

C. Before remand, this Court dismissed all the Defendant’s appeal on June 7, 2018, and the costs of appeal are assessed against the Defendant.

The defendant appealed against this. D.

On December 24, 2019, the Supreme Court reversed and remanded the part concerning the principal lawsuit among the judgment of this court before remanded, dismissed the defendant's appeal concerning the counterclaim, and sentenced the judgment that the costs of the counterclaim are borne by the defendant.

E. Since the defendant's counterclaim claim was separated, the scope of this court's trial after remand is limited to the plaintiff's main claim.

2. The defendant's main defense as to the main defense of this case

A. Lawsuit seeking revocation of fraudulent act and restitution by multiple creditors of the relevant legal principles at the same time or at different time.

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