logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원고등법원 2020.11.26 2020나13331
사해행위취소
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for cases of cutting, deleting, or adding, the following as stated in the reasoning of the judgment of the court of first instance, thereby citing it as is in accordance with the main sentence

(The court of first instance is justified in finding and determining the facts of the first instance even if the evidence submitted by the plaintiff to this court was based on the evidence duly admitted and examined by the court of first instance, and there are no errors as alleged in the grounds of appeal by the plaintiff). The fifth through seventh parts of the court of first instance were examined as follows.

The part of the judgment of the court of first instance, i.e., the issuance of cashier's checks listed in the separate sheet No. 1 (60 million won), and 20 billion won (200 million won) to Defendant A under excess of debt, constitutes fraudulent act. Therefore, the act of issuing cashier's checks listed in the separate sheet No. 1 between C and the Defendant A and issuing cashier's checks listed in the separate sheet No. 2 between C and the Defendant B is revoked, and Defendant A is obligated to pay 60 million won to the Plaintiff as compensation for value, and Defendant B is obligated to pay 20 million won and delay damages to the Plaintiff (see the Plaintiff's application for change of claim and cause of claim).

Part VII of the judgment of the first instance is added as follows.

“1) The Plaintiff is seeking revocation of the issuance of each cashier’s checks listed in the separate sheet Nos. 1 and 2 as fraudulent act. The obligee’s right of revocation under Article 406 of the Civil Act is subject to the revocation of “legal act aimed at property rights”. The entry of the evidence No. 5 (including each number; hereinafter the same shall apply).

According to the following, each cashier's checks listed in the separate sheet 1 and 2 are cashier's checks issued by LAC which are financial institutions, and cashier's checks issued by financial institutions under the ordinary transaction norms are treated differently from cash (Supreme Court).

arrow