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(영문) 광주고등법원 2019.10.23 2019나21612
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The argument that the plaintiff admitted the reasoning of the first instance judgment by this court is different from the argument that the first instance court made in this court. Thus, the fact-finding and judgment of the first instance court are justifiable even if the evidence submitted in the first instance court and the additional evidence added in this court are integrated.

Therefore, the reasoning of the judgment of this court is as follows, except for adding the part to be used or added as follows, and the allegations and judgments emphasized by the plaintiff in this court, as seen in Article 420 of the Civil Procedure Act, and citing them pursuant to the main sentence of Article 420 of the Civil Procedure Act.

(약칭은 제1심판결의 약칭을 그대로 따른다). ▣ 제1심판결문 3쪽 위에서 9~10줄을 아래와 같이 고쳐 쓴다.

3) Meanwhile, as a result of the partial repayment of the principal of the instant judgment claim, the principal and interest of the instant judgment claim at the time of January 10, 2019 is KRW 292,063,583 (i.e., the principal and interest of KRW 92,00,000 or delay damages amounting to KRW 20,063,583).

▣ 제1심판결문 3쪽 아래에서 8줄의 ‘피고는’ 다음에 ‘2014. 1. 3.’을 추가한다.

▣ 제1심판결문 5쪽 위에서 2줄의 ‘갑 제3 내지 6, 9호증, 을 제3호증’을'갑 제3~9호증, 을 제1, 3, 4호증 각 가지번호 있는 것은 가지번호 포함, 이하 같다

‘Flags' shall be written.

2. As to the plaintiff's assertion in this court

A. The Plaintiff’s assertion was accepted by the first instance court of the deceased’s inherited property of KRW 10,826,847,775 (i.e., KRW 530,029 deposit claims of KRW 2,678,711,955 deposit claims of KRW 224,202,270,00 deposit claims of KRW 530,029 deposit claims of KRW 7,923,93,550 deposit claims of KRW 530,00 deposit claims of KRW 2,678,7

In addition, even though the Defendant, around 1996, donated a large number of E shares to the President-Nam Nam and donated cash to the third South K, the first instance court, without considering this, calculated the deceased’s deemed inherited property.

In light of this, the deceased's deemed inherited property shall be calculated by the first instance court.

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