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(영문) 대구지방법원서부지원 2016.09.28 2016가단6266
사해행위취소
Text

1. The gift contract concluded on May 18, 2015 between the Defendant and Nonparty C shall be revoked within the limit of KRW 17,550,892.

Reasons

1. Indication of claims: To describe the cause of claims and the changed cause of claims in attached Form; and

2. The judgment without pleading (Article 208(3)1 of the Civil Procedure Act, however, the plaintiff claimed for the payment of damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the day following the day when the judgment in this case became final and conclusive to the day of full payment. However, the obligation to pay damages for delay in a lawsuit seeking revocation of fraudulent act occurs only when the judgment in this case becomes final and conclusive, and the judgment in this case cannot be held liable for delay before the judgment in this case becomes final and conclusive, and the proviso of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings excludes the application of the main text of the same Article in this case in this case. The claim for damages for delay after the date when the judgment in this case becomes final and conclusive shall be based on the statutory interest rate of 5% per annum under the Civil Act in this case

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