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(영문) 서울고등법원 2017.06.23 2016나2015301
사해행위취소
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The grounds for this court's judgment to be stated in the court of first instance are as follows: "1,719,878,471 won" of the first instance court's judgment "1,745,48,543 won" shall be changed as follows; "1,745,48,543 won" of the first instance court's judgment shall be deleted as "1,745, 486,543 won"; and "6 of the first instance court's judgment" shall be deleted as stated in attached Form 2, 4 shall be deleted as stated in attached Form 2, 3, and 4 shall be the same as the grounds for the first instance court's judgment, except for the replacement of the attached Forms 2, 3, and 4 in attached Forms 3, 3, and 3 shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

A. The Plaintiff’s assertion 1 by the parties concerned is as follows: from March 14, 2008 to December 31, 2012, the Plaintiff’s assertion to Defendant B and C.

2. As indicated in the “Plaintiff’s loan” column in the Plaintiff’s assertion, the Defendants lent a total of KRW 2,783,910,600 as stated in the “Plaintiff’s loan” list, and the said Defendants partly repaid the principal and interest.

On December 31, 2012, the Plaintiff and the Defendants agreed to settle the loan principal of KRW 2,374,819,142, unpaid interest of KRW 307,914,908, and service charges of KRW 561,62,50 as of December 31, 2012.

Since then, the Defendants paid some of their debt, and paid all interest as of April 1, 2015, and the leased principal remains KRW 1,183,824,043.

On the other hand, the above Defendants did not pay at all the cost of 561,662,50 won agreed upon for the settlement of accounts.

Therefore, as of April 1, 2015, the Plaintiff’s claim amount against the said Defendants is KRW 1,745,486,543 in total, and the said Defendants are jointly and severally liable to pay to the Plaintiff KRW 1,745,486,543 and damages for delay from April 2, 2015.

2. From March 14, 2008 to December 31, 2012, the amount actually loaned to Defendant B from March 14, 2008 to December 31, 2012 is not more than KRW 2,238,700,00 as stated in the “amount of repayment” in the above table, and Defendant B bears the principal and interest of the Plaintiff, as indicated in the “amount of repayment” in the above table.

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