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(영문) 서울고등법원 2019.11.07 2019나2022690
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is either added or added as follows, and the ground of appeal by the plaintiff is identical to the ground of the judgment of the court of first instance, except for the determination as to the grounds of appeal by the plaintiff as set forth in paragraph (2) below. Thus, this is also cited in light of the main sentence of

The following items shall be added to the third page 14:

C. On February 2, 2018, the Korea Trade Insurance Corporation filed a lawsuit to revoke the fraudulent act against the defendant (Seoul Central District Court 2018Gahap507429) by asserting that the act of establishing the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the compensation against C and B constituted a fraudulent act. On June 12, 2019, the above court rendered a ruling of dismissing the claim for the revocation of the fraudulent act against the defendant while accepting the claim for the right to the right to the compensation against C and B, and the Korea Trade Insurance Corporation has filed an appeal (Seoul High Court 2019Na203324) against the above judgment and continue the appellate trial. Article 16 (hereinafter referred to as "the purport of the entire pleadings"), Section 3, 41, 41, 2019, and the purport of the entire pleadings in this court."

2. Judgment on the ground for appeal by the plaintiff

A. The summary of the grounds for appeal by the plaintiff 1) In the following respect, the establishment of the instant right to collateral security against the defendant by B cannot be deemed as an act for the continuation of business or the recovery of the ability to repay, and thus constitutes a fraudulent act. A) In order to deem the establishment of the instant right to collateral security by B as an act for the continuation of business or the recovery of the ability to repay, the establishment of the instant right to collateral security by B must be premised on that premise that B was either the debtor or the joint guarantor in relation to the defendant at the time

As such, B does not bear any obligation against the defendant.

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