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1. The plaintiff's appeal and the claim added in the trial are dismissed, respectively.
2. The appeal costs shall be additionally incurred; and
Reasons
1. The reasoning for the court’s explanation concerning this case is as follows, except for the addition of the judgment on the claim for revocation of fraudulent act added at the court below, and therefore, it is identical to the reasoning for the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the
2. Claim for the revocation of fraudulent act;
A. The Plaintiff’s assertion D, in collusion with Defendant B Co., Ltd. (hereinafter “B”), made a false agreement on the burden of liability with each of the instant Defendants 1, 2, and 3, and increased the negative property by issuing the instant 1, 2, and 3 promissory notes, and thus, the said agreement on the burden of liability and the issuance of promissory notes should be revoked as a fraudulent act.
B. In a lawsuit of demurrer against distribution, the burden of proof as to the grounds for objection against distribution also complies with the principle of distribution of the burden of proof of general civil procedure. In the event that the plaintiff claims that the defendant's claim was not constituted, the defendant is liable to prove the facts of the cause of the claim, and where the plaintiff claims that the claim was invalid as a false declaration of agreement or extinguished by repayment
(Supreme Court Decision 2005Da39617 Decided December 2, 2007). The facts alleged by the Plaintiff and each of the descriptions of evidence Nos. 1 and 11 (including household numbers) submitted by the Plaintiff are insufficient to recognize that D had made a false agreement with the Defendant B, in collusion with the Defendant B, as a whole, on the basis of the descriptions of evidence No. 1 and No. 1 and No. 3 through 13 and evidence No. 3-2 and No. 29 (including household numbers) in this case. Rather, D actually operated G and H’s debt owed to Defendant B and agreed to pay the debt of this case No. 1 and No. 29.
In addition, each entry of Eul evidence 1, 2-1, 3-1, 3-1, 3-1, 3-1.