logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원원주지원 2015.04.01 2014가단34170
사해행위취소
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claims against the defendant B and D are all dismissed.

3...

Reasons

1. The gist of the Plaintiff’s assertion is the Plaintiff’s assertion. However, the cause of the claim as stated in the purport of the claim and the amendment of the cause of claim as of February 11, 2015, which finally arranged the cause of the claim, and the cause of the claim that was finally arranged on the date of closing of argument in the instant case

Defendant B, around June 2009, attempted to acquire KRW 20,000 from the Plaintiff, but again filed a lawsuit seeking payment of KRW 20,000,000 from the Plaintiff on October 4, 2010 (this Court Decision 2010DaDa26328, hereinafter “instant contract money lawsuit”) and started the lawsuit fraud by filing a lawsuit seeking payment of KRW 20,000,000 against the Plaintiff. Defendant C and D participated in the said lawsuit by submitting a false and forged confirmation document. Accordingly, Defendant B participated in the said lawsuit by means of perjury. Accordingly, following the first instance court of the instant contract money lawsuit, the appellate court (Scheon District Court 201Na4654, 201), the final appeal (Supreme Court 2013Da97403) and the final appeal (Supreme Court 2013Da97403, which ordered the Plaintiff to pay KRW 200,000,00,00).

Therefore, the Defendants are obliged to pay the Plaintiff damages, such as the purport of the claim, based on the aforementioned litigation fraud, perjury, and private document fraud.

2. Main Safety Determination

A. According to the Plaintiff’s judgment on the Plaintiff’s lawsuit against Defendant C ex officio and the purport of the entire pleadings (References, etc. submitted by Defendant B), the Plaintiff filed a damages suit against the Defendant C on the ground that the Defendant C prepared a false certificate in the instant contract deposit lawsuit and offered it to the Defendant C, thereby committing a crime of fraud. This court may recognize the fact that it rendered a judgment dismissing the Plaintiff’s claim on October 21, 2014. The Plaintiff’s appeal and appeal are present.

arrow