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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
Claim:
Reasons
1. The reasoning of the judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of
However, the part of the judgment on the defendant's bona fide argument (from the 6th to the last half of the judgment of the court of first instance) is written as follows, and the judgment on the defendant's argument is partially added.
2. Parts to be dried;
B. In a lawsuit to revoke the Defendant’s bona fide assertion, there is a burden of proof on the creditor who asserts the revocation of the bad faith, but the beneficiary is not a creditor with the burden of proof on the fact that the beneficiary is bad faith, but a beneficiary is a bona fide person.
In addition, in cases where a debtor’s act of disposing of property constitutes a fraudulent act, evidence, etc. that can be objectively and objectively obtained when recognizing that the beneficiary was bona fide at the time of the fraudulent act, and cannot be readily concluded that the beneficiary was bona fide at the time of the fraudulent act based only on the unilateral statement of the debtor or beneficiary or the statement that is merely a third party’s trend, etc. (see, e.g., Supreme Court Decision 2014Da237192, Jun. 11, 2015). The defendant asserted to the purport that the entire amount of the instant claim can be recovered from the assignment of the claim in light of the circumstances that the defendant’s internal report (B-2) was made on September 1, 2012, by stating that the construction cost claim amounting to approximately KRW 4 billion was stated as the claim for the lender, Heavy Industries, etc. at the time of this case’s financing plan (B-4).
The assignment of each of the claims in this case against the defendant of this case, the debtor, constitutes a fraudulent act, and this case's license is applied.