(영문) 서울고등법원 2017.01.12 2016나208206

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(영문) 서울고등법원 2017.01.12 2016나208206

사해행위취소

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as follows, and thus, it is consistent with the reasoning of the judgment of the court of first instance, except for modification and addition as follows.

The 2nd sentence of the first instance judgment shall be deleted from the 12th sentence.

The "223,346,968 won" shall be amended to "23,346,68 won" in the 20th sentence of the first instance judgment.

After the judgment of the court of first instance, the 3 pages 13 and 14 " received" was added to "B, upon the plaintiff's request, has received an objection against the ruling of provisional seizure [B] on December 27, 2013, the ruling of revocation of provisional seizure and rejection of the application for provisional seizure (JJ District Court 2013Kadan50293) (JJ District Court 2012Kadan50293, Jan. 6, 2015), which was partially authorized again at the appellate court of appeal (Seoul High Court 2014Ra70, Jan. 6, 2015)."

The fifth 15th 15th son of the judgment of the first instance shall be amended to “other than the object of the principal repayment”.

2. As to the defendant's application for resumption of oral argument, the defendant did not have the plaintiff's claim against B, and applied for resumption of oral argument for the submission of argument and evidence.

However, as seen earlier, the Plaintiff had the claim for the construction price of KRW 84,335,724 against B and the damages for delay thereof, which was already recognized as having been in the lawsuit filed against B and the judgment became final and conclusive.

Also, the evidence that the defendant intends to submit in addition is not only the above litigation materials but also the evidence that could have been submitted in the first instance court.

(B) The Defendant’s attorney at the first instance trial of this case is also the Defendant’s attorney at the first instance trial of this case). Furthermore, the argument is concluded as to whether the Defendant did not make any assertion after filing the appeal of this case and did not appear at the court on the date of pleading, and the date of the adjudication is designated, and the above date of the

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