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(영문) 부산고등법원 2018.12.20 2017나58192
사해행위취소
Text

1. The part of the preliminary claim in the judgment of the first instance is revoked.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. The plaintiff filed a claim against the defendant for the cancellation of the fraudulent act and restitution primarily, and the conjunctive claim for the loan based on the exercise of creditor's subrogation right. The court of first instance dismissed the plaintiff's primary claim and accepted the conjunctive claim.

Since only the defendant appealed and filed an appeal, the subject of this Court's trial is limited to the conjunctive claim.

2. The court's explanation on this part of the basic facts is not more than 3 pages 12 of the judgment of the first instance.

In addition to the following cases, the part of the judgment of the court of first instance is identical to the corresponding part of the judgment of the court of first instance, and thus, it is quoted in accordance with the main sentence of Article 420 of the

“C. D lend the said amount by means of remitting the sum of KRW 298,800,000 from November 20, 2014 to October 21, 2015 to the Defendant’s account, as indicated in the separate sheet, from around November 20, 2014 to the insolvent.”

3. Judgment on the conjunctive claim

A. The gist of the Plaintiff’s assertion 1) The Plaintiff: (a) subrogatedly pays KRW 277 million to the Defendant of D in order to preserve the claim for the loan to D; (b) the Defendant is obliged to pay KRW 200 million to the Plaintiff; (c) around October 2014, the Defendant requested the Defendant to lend KRW 200 million to D for the purchase of F building; and (d) the Defendant lent the money from H to the Defendant. On December 2, 2016, the Defendant transferred the shares of J Co., Ltd. owned by the Defendant to H in a manner that deducts KRW 200 million from the said shares at D’s request; and (b) the remainder of the loan amount of KRW 98 million was paid to the Plaintiff by paying the debt to H in a manner that deducts KRW 200 million to H; and (b) the Defendant issued the loan amount of KRW 500 million to the Defendant around June 5, 2016.

(b) recognized factual relations A.

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