logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.10.12 2016나304049
사해행위취소 등
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. In the first instance trial of this court, the plaintiff filed a claim against the defendant for cancellation of the registration of establishment of a collateral security contract based on the creditor's subrogation right, ② a claim against the defendant for cancellation of the registration of establishment of a collateral security contract based on false representation (in the first instance, ① a claim, ② a preliminary claim, ② a claim was dismissed, ② a claim was accepted, and the appeal was filed against the part against the defendant only, and thus, the claim is subject to the judgment of this court.

2. The reasoning of the court’s explanation concerning this case is as stated in the judgment of the court of first instance, except for the addition or dismissal of the relevant part as follows (excluding the part on the ground of the judgment of the court of first instance, which is not subject to the court’s adjudication, excluding the part on the ground of the judgment of the court of first instance, which is not subject to the court’s adjudication).

3. A portion used for adding or cutting;

A. The reasoning of the judgment of the court of first instance is as follows: (a) the last part of paragraph (1) was amended; and (b) the following is added.

"E has taken over both the principal debt, the joint and several surety debt, and all future debts under the aforementioned defect repair guarantee agreement entered into on December 9, 2002 between the Plaintiff and D on June 2, 2003."

B. Part 2, part 8 of the first instance judgment, part 8 "C" in Part 2, part 13 "D" in Part 2, part 1-A, part 2 of part 2, part 2, part 2, part 1-A, part 2, part 8, part 15, and part 9 in Part 2, part 9 "G" in the part 8, part 8, 15, and part 2 shall be "F", and part 9 "the result of the party principal examination of the defendant" in Part 14 shall be "the result of the party principal examination of the first instance court".

C. Nos. 1 through 5 of the first instance judgment shall be followed as follows.

“E’s implementation ratio is 45.486% and F’s implementation ratio is 54.451% with respect to the warranty obligation agreement of June 9, 2005.”

4. Conclusion, the plaintiff.

arrow