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(영문) 서울고등법원 2017.02.21 2016나2067180
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 judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the portion added or amended as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In addition to or amendment to the part of the first instance judgment, the “Evidence A Nos. 1 and 2” in paragraph 2 of the third instance judgment shall be added “(including each number; hereinafter the same shall apply).

Article 17 to 18 of the first instance judgment provides that "the above money is not submitted by the defendant to the extent that the above money was used for the cost of living" means that "the above money was deposited into an account other than the above defendant's living expense account, and even if B paid the living expense to the defendant in an irregular manner, the amount seems to be excessive as an ordinary cost of living."

On the 7th judgment of the first instance court, the "written evidence No. 1" in the 2nd judgment shall be deemed as "written evidence No. 11 and 12 of the A".

3. As such, the plaintiff's claim shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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