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(영문) 서울고등법원 2015.07.16 2014나38007
추심금 등
Text

1. The appeal by the Plaintiff (Appointed Party) against Defendant C and N shall be dismissed, respectively.

2. Appointer EL among the judgment of the first instance.

Reasons

1. In the first instance court, the Plaintiff (Appointed Party) filed a specific claim such as the revocation of fraudulent act against the Defendants, as stated in the purport of the claim against the Defendants. The first instance court rejected the Plaintiff (Appointed Party)’s claim for revocation of the agreement on December 24, 2008 and the agreement on January 28, 2009 between the Defendant D, E, F, G, and the Defendant’s National Victim’s Credit Union that the instant lawsuit constituted a fraudulent act among the instant lawsuits, and dismissed all of the remainder claims against Defendant D, E, G, the National Victim’s Credit Union, and N. On the other hand, the Plaintiff’s claim against Defendant N and the Defendant’s National Victim’s Claim against Defendant D, E, G, the National Victim’s Credit Union, and the National Victim’s Credit Union.

However, among the judgment of the court of first instance, the plaintiff (appointed party) filed an appeal against only the part of rejection of the plaintiff (Appointed party)'s lawsuit, and the defendant National Victim's Claim Foundation (Appointed party)'s preliminary claim against the plaintiff (Appointed party) against which the defendant's claim against the defendant had been rejected part of the judgment of first instance, which ordered the cancellation of "the agreement on the transfer of raw materials" ("the agreement on the transfer of raw materials of this case") and its restoration to the original state between the defendant N and N in December 208, 208.

Since the appeal was filed only against the Plaintiff, the subject of the judgment of this court is limited to the part dismissed by the Plaintiff (Appointed Party) among the judgment of the first instance and the part against the Defendant’s claim group.

2. The court's explanation of this part of the facts of recognition is as follows: "Plaintiffs (Appointed Parties) and the designated parties (hereinafter "Plaintiffs")" are "Plaintiffs (Appointed Parties) and the designated parties (hereinafter "Plaintiffs") are all combined with the designated parties" and "Plaintiffs" among the corresponding parts of the reasoning of the judgment of the court of first instance, and the 8th page 11 of the 8th page 11.

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