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(영문) 대전지방법원 2018.12.21 2018나109705
구상금,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 scope of the judgment of the court of first instance accepted both the plaintiff's claims against the defendant D and the co-defendant B and C in the first instance trial. Accordingly, the appeal filed by both the defendant D and the co-defendant B and C in the first instance trial but both the defendant D and the co-defendant B and C in the first instance trial were withdrawn, and the part against the co-defendant B and C in the first instance judgment was separated and confirmed. Thus, the scope of the judgment of this court is limited to the plaintiff's claim against the defendant D

2. The reasoning of the court of the first instance’s explanation concerning the instant case is as stated in the part against Defendant D among the grounds of the first instance judgment, except for the case written by the court as described in the following paragraph (3). Thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Parts to be dried;

A. On the 3rd page of the first instance judgment, the “credit accident,” in the 10th page of the first instance judgment, has been changed to “the occurrence of a credit accident,” and “the occurrence of a credit accident.”

B. On the 6th written judgment of the court of first instance, the written evidence Nos. 1 to 8-2 of the evidence No. 6 of the first instance judgment "as a result of the written evidence Nos. 1 to 8, 10, and 11 of the evidence No. 1 to 8, 10, and 11 (including paper numbers)" was written.

C. On August 2, 2017, part 6 of the first instance judgment, “The Department of August 2, 2017” was put into effect “The Department of August 2, 2017, borrowed money from other persons.”

Part 6 of the judgment of the first instance shall be deleted from the 6th to the 9th 6th 'Defendant C' in the judgment of the first instance.

4. In conclusion, the part on Defendant D among the judgment of the court of first instance is legitimate, and Defendant D’s appeal is dismissed as it is without merit.

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