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(영문) 서울중앙지방법원 2018.01.10 2017나45072
부인의청구를 인용하는결정에대한 이의의소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations by the court of first instance, and the evidence submitted to the court of first instance is acknowledged as legitimate even if the plaintiff submitted each evidence to this court and the witness M of the court of first instance were neglected to testify.

Therefore, the reasoning for the court’s explanation on the instant case is as follows: “Amount of delay damages” in the third 9 of the judgment of the court of first instance is corrected as “amount of delay damages at the rate of 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from April 23, 2016 to the day following the day of delivery of a duplicate of the claim for denial of 2016.” The following addition of “2. Additional Determination” is identical to the ground for the judgment of the court of first instance, and thus, it is cited pursuant to the main sentence of Article 420 of the

2. Additional determination

A. (i) Whether the repayment of the instant loan and installment loans is subject to avoidance, and if the actual operator of F is B, the instant loan and installment loans are also subject to B, and thus, the instant loan and installment loans are merely the repayment of the instant loan and installment loans by B, and thus, a person who gains profits therefrom is the pertinent financial institution (Korean bank and New Card Co., Ltd.) which is the creditor, and thus, there is no benefit from the Plaintiff’s act of repayment of the instant loan and installment loans.

In addition, since it is evident that the pertinent financial institution was not aware of the fact that it would damage the bankruptcy creditors at the time of repayment of the instant loan and installment loan, the latter part of Article 391 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) is applied, and the Defendant cannot deny the repayment of the instant loan and installment loan.

Sheller board, as set forth in Article 391 subparagraph 1 of the Debtor Rehabilitation Act.

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