(영문) 서울중앙지방법원 2017.07.07 2016나48937

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(영문) 서울중앙지방법원 2017.07.07 2016나48937

사해행위취소등

Text

1. Of the judgment of the court of first instance, the part against the defendant, including a claim modified at the trial by the plaintiff's appeal.

Reasons

1. The reasoning of this court's explanation in this part is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except that "each entry in the evidence Nos. 6 through 10, and 13 (including paper numbers)" in the grounds for recognition is "the result of this court's fact inquiry into the Korea National Oil Corporation in the first instance court", except that "the result of each fact inquiry into the Korea National Oil Corporation in the first instance court" is the same as stated in Paragraph 1 of Article 420 of the Civil Procedure Act.

2. The court's explanation on this part of the judgment is based on the ground of the judgment of the court of first instance No. 2-D.

In addition to the following cases, the reasoning of the judgment of the court of first instance is the same as that of Paragraph 2, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【Supplementary Use】

D. Accordingly, the Defendant Company is obligated to pay to the Plaintiff KRW 39,373,30 (insurance proceeds of KRW 39,168,450 and KRW 204,880,880) and damages for delay calculated at the rate of 15% per annum, the agreement rate of which is from November 1, 2014 to November 30, 2014, which is the following day after the effective payment of insurance proceeds of KRW 39,168,450, and KRW 39,168,450.

3. According to the conclusion, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as without merit. Since the part against the defendant in the judgment of the court of first instance is partially different from this conclusion, the part against the defendant in the judgment of first instance is partially accepted, and the part against the defendant in the judgment of first instance is modified as above, and the defendant's appeal is dismissed as without merit. It is so decided

참조조문

-민사소송법 제420조

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