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(영문) 서울고등법원 2016.04.22 2015나2056046
사해행위취소
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Scope of the judgment of this court;

A. In the first instance trial, the Plaintiff sought revocation on June 12, 2009 that “D Co., Ltd. (FF Co., Ltd. (hereinafter “D”) remitted KRW 2 billion to Defendant A’s account on June 12, 2009,” and filed a claim for restitution against the Defendants, a subsequent purchaser, who received a transfer of KRW 1.1 billion, as stated in the claim for restitution.

② Preliminaryly, “D remitted KRW 2 billion to the Defendant A’s account under the name of the Defendant, and then again sought revocation that “The Plaintiff wired KRW 1.1 billion to the Defendant A and B (the Plaintiff asserts that “the Plaintiff was repaid on June 23, 2009 would have been repaid)” constituted a fraudulent act, and filed a claim against the Defendant A and B, the beneficiary, for restitution as stated in the purport of the claim.

The first instance court dismissed all the plaintiff's claims.

B. The Plaintiff appealed against the part of KRW 100 million transferred from the Defendant A’s account to the Defendant C’s account.

In other words, in relation to the primary claim, the part against Defendant A and the subsequent purchaser, who sought cancellation of remittance on June 12, 2009 against Defendant C, the beneficiary, and the part that sought restitution of the said money against Defendant C, within the limit of KRW 100 million, and the part that sought restitution of the said money against Defendant B, the beneficiary, in relation to the preliminary claim, limited to “the part that sought cancellation of the repayment contract as of June 23, 2009 and restitution of the said money.”

Therefore, only the above part of objection is subject to the judgment of this court.

2. Basic facts

A. D’s joint and several liability 1) The more Bable Savings Bank (the trade name before the change is made: Yeongdeungpo Mutual Savings Bank; hereinafter “Bable Savings Bank”);

(1) On August 14, 2007, Han Mandon L&C Co., Ltd. (hereinafter “ Han Mandon L&C”).

A loan of 5 billion won was granted to him.

D Co., Ltd. shall not exceed 6.5 billion won.

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