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(영문) 서울고등법원 2015.07.17 2014나38298
손해배상
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. The court's explanation concerning this case is the same as the entry of the defendant part of the judgment of the court of first instance in the reasoning of the judgment of the court of first instance, except in cases where the part of the judgment of the court of first instance is rewritten or added as stated in the following 2.3. Thus, it is acceptable to accept it as it is in accordance with the main sentence of

2. 제1심 판결문을 다시 쓰거나 추가하는 부분 ▣ 제1심 판결문 5쪽 4째줄부터 6쪽 2째 줄까지 다시 쓰는 부분

A. The Defendant’s assertion 1) The Plaintiffs filed a complaint with the Seoul Eastern District Prosecutors’ Office on May 23, 2013 on the grounds that there was a suspicion of evading compulsory execution on the grounds of the charge of evading compulsory execution, and filed the instant lawsuit on May 31, 2013. At that time, the instant loan contract was known that it was a fraudulent act. However, the Plaintiffs had been aware of the existence of a fraudulent act since they exercised the right of revocation on June 18, 2014 by changing the cause of the claim from the tort damages claim to the claim for revocation. As such, the instant lawsuit was unlawful because the limitation period of one year exceeds that of one year, the obligee, the starting point for the exercise of the right of revocation, “the date on which the obligee became aware of the cause of revocation,” refers to the date on which the obligee became aware of the fact that the obligor had committed a fraudulent act while being aware that the obligor had engaged in an act of disposal on property, and the lack of objective intent to exclude the obligor from, or was sufficiently sufficiently satisfied with the obligor’s.

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