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(영문) 인천지방법원 2017.01.10 2016나58515
사해행위취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the following dismissal or addition, and therefore, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part IV of the decision of the first instance court shall add the following:

The defendant alleged to the effect that B should not be recognized as the plaintiff's preserved claim because it did not enter into a guarantee agreement with the plaintiff. However, in the case of Suwon District Court 2008Gaso6063, B directly served a copy of the complaint on April 15, 2008 in Suwon District Court 2008, B, and the original copy of the judgment of the court of first instance also served on July 23, 2008 is significant in this court, and even though B did not appeal against this, the final judgment of this case became final and conclusive at that time. Thus, as long as the existence of the plaintiff's preserved claim is confirmed by final and conclusive judgment, the defendant's above assertion against B is not acceptable as it goes against the res judicata effect of the final and conclusive judgment." The defendant's assertion in the first instance court No. 5, No. 4 of the judgment of first instance, " alone is the circumstance alleged by the defendant and the circumstances asserted by the defendant," the defendant's statement of evidence No. 1 through B submitted by the defendant after the closing argument. B.

In the same face, the term "the fraudulent act" as "the fraudulent act" shall be regarded as "the fraudulent act".

2. If so, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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