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(영문) 대법원 2017.01.25 2016다211408
구상금등
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Whether an obligor’s insolvency is at the time of a fraudulent act in a creditor revocation lawsuit (see, e.g., Supreme Court Decisions 2000Da69026, Apr. 27, 2001; 2010Da64792, Jan. 12, 201). The burden of proof lies on a creditor.

(2) The principle of free evaluation of evidence (see, e.g., Supreme Court Decision 2005Da77198, 77204, Apr. 13, 2012). Moreover, the principle of free evaluation of evidence (see, e.g., Supreme Court Decision 2005Da28686, May 31, 2007) declared by Article 202 of the Civil Procedure Act refers to the fact that it does not need to be linked to the formal rules of evidence, and does not allow a judge’s arbitrary judgment. Thus, the fact finding should be in accordance with logical and empirical rules based on the principle of justice and equity, based on the evidence that has been admissible through legitimate evidence examination process, and even if the fact finding falls under the discretion of the fact-finding court, it does not go beyond the said limit (see, e., Supreme Court Decision 2009Da7198

The “The amount of unregistered registration and the amount of unpaid arrears” (Evidence 14) with respect to A submitted by the Plaintiff at the lower court is indicated as the base date on January 14, 2015, and include ① the relevant person on November 18, 2013; ② the relevant information on the grounds for registration; and ② the registration amount of KRW 1,421,00,00 on July 24, 2013; the registration amount of KRW 1,421,03,00 on the date of receipt; the registration amount of KRW 0,00,000; the registry national bank; account number AD; ② the relevant person on November 5, 2013; the date of receipt; the date of receipt; the registered amount of KRW 876,410,00; the amount of arrears; the national bank; the account number; the registry agency; and AD.

B. However, the meaning of each item, such as the date of occurrence, related persons, date of receipt, registration agency, etc. as mentioned above, the particulars stated therein, the issuer, endorser, and number of units.

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