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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The court's explanation of this case is identical to the part of the reasoning of the judgment of the first instance except for the addition as stated in paragraph (2). Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The following is added to the part of the first instance judgment of 9 to 10 pages “(C) whether Defendant B, a debtor, is insolvent.”
Considering that the entire debt of the Co-Defendant B of the first instance trial is a joint and several debt obligation for Co-Defendant A and C of the first instance trial at the time of the conclusion of the instant sales contract, the Defendants asserted that the entire debt of Co-Defendant B of the first instance trial at the time of the instant sales contract is a joint and several debt obligation for Co-Defendant A and C, as long as the total amount of KRW 3,552,222,946, which A and C owned by Co-Defendant A and C, is included in the active property of B, and even though active property of A and C exceeds the negative property, the total amount of KRW 2,297,103,814, which is a joint and several surety, can not be considered as the negative property of the aforementioned company, and thus, B was not in excess of the debt at the time of the conclusion of the aforementioned sales contract. However, in determining whether the legal act of the Co-Defendant B is a fraudulent act, the general financial resources of the principal obligor cannot be considered (see, e.g., Supreme Court Decision 2003Da1246).
Furthermore, according to the evidence evidence Nos. 10 and 25, the above bill and the outstanding amount are claims in default due to N’s application for rehabilitation after one month from the date of conclusion of the contract for the first and second sale of this case. At the time, N was in a situation where it is difficult to repay bank loans due to cumulative loss of 30 billion won or more for three consecutive years. Thus, the above bill and the outstanding amount are claims.