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(영문) 서울고등법원 2019.09.05 2019나2006346
수표,어음금
Text

1. Of the judgment of the court of first instance, the part against Defendant C and D among the judgment of the court of first instance is revoked, and Defendant C and D corresponding to the revoked part are revoked.

Reasons

1. The basic facts;

2. Determination as to the claim against Defendant B;

3. The reasoning for this Court’s decision regarding the defense prior to the merits of Defendant C is as stated in the first instance judgment’s grounds for appeal Nos. 1, 2, and 3. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

4. Determination on each of the merits against Defendant C and D

A. At the time of entering into the Plaintiff’s assertion, Defendant B was in excess of the obligation at the time of entering into the instant sales promise and the instant sales contract, and it is reasonable to deem that Defendant B was aware of the fact that there was a decrease in liability property and a shortage of joint security due to the decrease in liability property by entering into the instant sales promise and the instant sales contract and the instant 1 and 2 sales contract with the awareness of excess of liability. The Defendant C and D’s bad faith is presumed to

Therefore, since the instant reservation and the instant sales contract constitute a fraudulent act, it should be revoked in entirety, and Defendant C and D, the beneficiary, must be restored to their original state.

The plaintiff primarily seeks the return of the original property and seek compensation for the ancillary value.

B. As seen earlier, the Plaintiff, having a preserved claim against Defendant B, holds a claim for the amount of the Promissory Notes. This is the subject of the obligee’s right of revocation, which was incurred prior to the conclusion of the instant transaction reservation and the instant sales contract and the instant 1 and 2 sales contract.

C. Notwithstanding the demands to prove the “in excess of the obligation against Defendant B” on the date of the fourth and fourth pleading of this Court, the Plaintiff wished to present arguments and evidence as follows, and without additional arguments and proof, at the fourth day of pleading of this Court.

1 In order to become a fraudulent act, the debtor's act of disposing of his property has to cause a decrease in the debtor's whole property and to cause a shortage in the joint security of claims due to such act.

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