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(영문) 서울고등법원 2017.01.17 2016나2046084
구상금 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for any modification or addition as follows. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure

2. In the part of the judgment of the court of first instance, “2.7 billion won” as “21.57 billion won” in the part of the judgment of the court of first instance No. 4, No. 12, “2.7 million won” in the part of the judgment of the court of first instance, “Evidence A1 through No. 9” in the part of the judgment of the court of first instance No. 4, No. 15, “Evidence A1 through No. 10,” “No. 6, “real estate” in the part of the judgment of the court of first instance No. 4, No. 11, “No. 9 and No. 11, No. 11, “No. 7, No. 16,” and “No. 9, No. 20,” respectively.

6.6.‘B’ for the same year

4. 25. 25. In the case of the first instance judgment Nos. 7 and 4, the following evidence No. 8-3 is added.

The following shall be added to the 10th of the first instance judgment.

“(8) The Defendant asserts to the effect that, on December 24, 2014, the Defendant entered into the instant transfer contract with the co-defendant A of the first instance trial on December 31, 2014 with the Co-defendant A of the first instance trial (after entering into an investment contract and paying the investment money, the Defendant entered into the instant transfer contract with the co-defendant A of the first instance trial on December 31, 2014 for the purpose of acquiring collateral, and entered into the instant transfer registration of collateral security and superficies transfer registration, and as of the above point, the co-defendant A of the first instance trial was not insolvent.

However, as seen above, the Co-Defendant A of the first instance trial was in a state of debt exceeding a considerable amount of 21.57 billion won, on the grounds that the total amount of capital was 8.64 billion won around December 31, 2014, and the total amount of debt was 21.57 billion won, and on January 29, 2015, the check account transaction was suspended at the subsidiary branch of a corporate bank, and on January 30, 2015. Thus, the Co-Defendant A of the first instance trial’s financial status, the suspension of check account transactions, and the time of default.

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