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(영문) 부산고등법원 2017.11.23 2016나56380
사해행위취소
Text

1. The plaintiff's appeal as to the conjunctive claim changed in this court and the plaintiff's change in this court.

Reasons

1. The reasoning for this part of the judgment of the court is '1. Basic Facts' with the reasoning of the judgment of the court of first instance.

C. (2) The details of the check issued as follows are revised, and the term “this court” in the grounds of recognition shall be deemed to be “the first instance court”, and the portion of the check issued shall be as stated against the Defendants except for the addition of “A” No. 16 in the grounds of recognition, and it shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act as is, as it is, by the deposit account in the name of Defendant B’s national bank account on June 13, 201 2H 50,000,000,000 to the deposit in the name of Defendant B’s national bank account on June 10, 200 to 00 or P.O. 50,000,0000 or P.O. 10,000,000 Busan National Bank’s account under the name of Defendant B bank’s name on June 13, 200, Busan National Bank on June 13, 2011.

2. Determination as to the primary claim (the claim for refund of the amount in custody)

A. The gist of the Plaintiff’s assertion: (a) around April 5, 2011, C entrusted the Defendant A with KRW 200 million of the check; (b) Defendant A returned KRW 170 million to C on June 10, 201, and kept the remainder KRW 30 million.

Since Defendant A is obligated to return the above custody money to C, the Plaintiff claims the return of the custody money of KRW 30 million to Defendant A in subrogation of insolvent C in order to preserve its claim for loans to C.

② When using the Defendant B’s account, C deposited KRW 368,733,107 in total from June 13, 201 to October 14, 201 of the same year ( KRW 177,000,000 on June 13, 2011, KRW 171,733,107 on July 13, 201, KRW 27,000 on October 14, 201, and Defendant B withdrawn KRW 94,012,00 on October 14, 201.

Defendant B shall return the above custody money to C.

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