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(영문) 대법원 2014. 12. 11. 선고 2014다225625 판결
이 사건 사해행위 당시 원고는 채무초과 상태였음.[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2013Na2016983 (2014.05)

Title

At the time of the instant fraudulent act, the Plaintiff was in excess of the obligation.

Summary

Since the claim for sales claimed by the Plaintiff at the time of the fraudulent act of this case is insufficient to be recognized, the Plaintiff may be deemed to have been in excess of its obligation.

Related statutes

Article 406 of the Civil Act

Cases

Supreme Court Decision 2014Da225625

Plaintiff-Appellee

Korea

Defendant-Appellant

EO

The second instance decision

Seoul High Court 2013Na2016983

Imposition of Judgment

December 11, 2014

Text

1. The appeal is dismissed.

2. The costs of appeal are assessed against the Defendant.

Reasons

Examining the lower judgment and the grounds of appeal, the grounds of appeal by appellant are not included in the grounds of appeal under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, or are deemed to fall under each subparagraph of paragraph (3). Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition

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