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(영문) 서울고등법원 2018.08.17 2017나2067217
사해행위취소
Text

1.The judgment of the first instance shall be modified as follows:

1. Section 1 and Section 2 of the Attached List between the defendant and B.

Reasons

1. The reasoning for the judgment of the court of first instance cited in the reasoning for the judgment of the court of first instance is the same as that for the judgment of the court of first instance, except for dismissal or addition as follows. Therefore, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure

[Supplementary or additional parts] In addition, “a contract to renew an existing credit guarantee agreement” is added in front of “the 13-party 13-party 13-party 13-party 13-party hereinafter.”

Following the fourth fourth decision of the first instance court, “(not the principal registration based on the provisional registration of this case, but the registration of ownership transfer based on the sales contract of July 25, 2016)” was added.

The supply volume of 4th 18th 18th e.g., the “supply volume” as “the ordered volume.”

The 4th 19th 19th 19th 19th 19th 3th 19th 2th 2th 3th 3th 3th 20

The fifth half of the judgment of the court of first instance, “283,708,863 won was repaid on behalf of the principal (283,708,863 won)” was subrogated for KRW 283,708,863 (i.e., total amount of interest of KRW 282,147,872 won). On the same day, the Plaintiff collected KRW 866,44 out of the above money and appropriated it for the portion of the subrogated amount, thereby making the remainder of the subrogated amount remainder of KRW 282,842,419. As to the subrogated amount recovered as to the amount of determined damages for recovery, the damages for delay calculated according to the agreed delay rate from the date of subrogation to the date of recovery was incurred (i.e., 86,444 x 10 x 10 x 10 x 1/365). Moreover, the remainder of the legal procedure expenses paid by the Plaintiff to secure the claim for reimbursement is KRW 2,411,166.”

In the preceding 5th 3th 5th 1st e.g., “B” added “B” to “C and the Plaintiff jointly and severally pay for the indemnity amount of KRW 285,253,842 (=282,842,419 won 237 won 2,41,186 won)” and the remainder of the subrogated payment amount of KRW 282,842,419.”

The court of first instance was 5th 7th 7th son, and later, the defendant was using a preparatory document dated May 17, 2017.

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