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(영문) 서울중앙지방법원 2016.04.28 2015나35569
구상금등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the court’s explanation of this case are as follows: “Defendant A” to “Co-Defendant A of the first instance trial”; “Defendant B” to “Defendant”; “Defendant B” to “Defendant”; and “Defendant B” to “Defendant” to delete the 4th through 9th (the part against Co-Defendant A of the first instance trial, which is not subject to the party’s trial; the part against Co-Defendant A), 6th to 20th 7th 2; and the corresponding part of the judgment of the first instance, except for the use of the 6th 20 through 7th 7th 7th , and thus, it is identical to the corresponding part of the

[Article 6] Parts 6, 20 to 7, 20, 6, 20, 200 won, and 20,000 won, after selling the apartment of this case, the Defendant paid to the co-defendant A of the first instance trial and the creditor of the above A, respectively. This part of the purchase price was paid to A without knowing the act of breach of trust of A. Thus, the Defendant alleged that he had acted in good faith at the time of the donation contract of this case. However, it is insufficient to find that the Defendant was unaware of the presumption of bad faith and that the Defendant was unaware of the fact that the contract of this case would cause damage to the general creditor of the co-defendant of the first instance trial, and there is no other evidence to prove otherwise, and the above Defendant’s assertion is without merit.”

3. If so, the plaintiff's claim against the defendant is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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