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(영문) 광주고등법원 (전주) 2017.03.23 2016나320
사해행위취소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, inasmuch as the reasoning of the judgment is as stated in the main sentence of Article 420 of the Civil Procedure Act, other than the parts used or added as follows:

(2) The court of first instance held that the evidence duly adopted and investigated by the court of first instance constituted the evidence No. 14 and the court of first instance held that the evidence No. 14 was submitted by the Defendants to this court, and that the court of first instance did not contain any errors as alleged in the grounds for appeal by the Defendants).

(a) the fourth and the third while the third and the third while on the 5th of the judgment of the court of the first instance are angled to “a separate” respectively;

(b)on the 5th day of the first instance judgment, the “10 No. 12” is raised as “10, 12 evidence” during the 7th day of the fifth instance judgment.

(c) on the 5th day of the first instance court ruling, “The results of fact-finding with respect to the present Residential Center at the south of the first instance court,” added to “the eightth day of the fifth instance court.”

On the 5th day of the first instance judgment, the following shall be added to the 14th day below:

The Defendants asserted against Defendant E that the Plaintiff did not have any claim for the instant loan against the Defendant. However, if a favorable judgment becomes final and conclusive by filing a lawsuit against the obligor seeking performance of the said obligation, the beneficiary or subsequent purchaser, who is the other party to the lawsuit seeking revocation, may not contest the existence or scope of the established obligee’s claim (see, e.g., Supreme Court Decision 2003Da19572, Jul. 11, 2003). The fact that the prior judgment recognizing the existence of the instant loan claim became final and conclusive is as seen earlier. As such, not only Defendant E, the obligor, but also the remaining Defendants, the other party to the lawsuit seeking revocation, cannot contest the existence or scope of the instant loan claim.

(e)under the sixthth sentence of the first instance court, the following shall be added:

As to this, the defendants are defendants.

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