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(영문) 서울북부지방법원 2018.02.06 2017나31188
사해행위취소등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "6,00,00 won" in Part 5 of the judgment of the court of first instance shall be "6,00,000 won"; "attached Form 2" in Part 7 shall be as "attached Form 1"; and "attached Form 2" in Part 8 shall be as "attached Form 1"; and the reasons for the judgment of the court of first instance shall be stated except for addition of the following judgments with respect to the matters alleged by the plaintiff in the court of first instance; therefore, it shall be cited as it is in accordance with the main sentence

2. Additional matters to be determined;

A. The Plaintiff asserts that, in addition to the loans claimed in the first instance trial, the Plaintiff is obligated to pay the above total amount of three million won and damages for delay, as the Plaintiff additionally lent to Defendant B on January 22, 2010, KRW 1 million on November 22, 2011, and KRW 1 million on the same day.

The plaintiff's above assertion is without merit, since there is no evidence to acknowledge that the plaintiff lent 3 million won to the defendant B as above.

B. The Plaintiff asserts that the Defendant B was liable to pay the Plaintiff KRW 14 million (attached Form 2, KRW 231 million, KRW 240 million, KRW 4 million, KRW 9 million, KRW 25 million, and KRW 16250,000, KRW 65550, KRW 2500, KRW 4 million, KRW 2500, KRW 9 million). Thus, the Defendant B asserts to the effect that the Plaintiff was liable to pay the Plaintiff the amount of the deposit.

In addition, there is no evidence that the Plaintiff paid 4 million won out of the attached Table 2 Nos. 24 and 25 million won that the Plaintiff paid to the Defendant as a fraternity, and rather, considering the overall purport of the pleadings, the following circumstances acknowledged as a whole, namely, ① the Plaintiff was paid 10 million won from the Plaintiff in the first instance trial on December 2013, and at the time Defendant B was paid 1 million won after deducting 1 million won from the Plaintiff on December 30, 2013, at the time, Defendant B was not paid a fraternity, and paid 2 million won in installments on December 31, 2013.

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