logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.08.20 2019나2005190
배당이의
Text

1. The part of the judgment of the court of first instance against the plaintiffs and the defendant, including the claim changed in the trial:

Reasons

The reasoning for the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows 2. Thus, this case is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act. The following is added subsequent to the judgment of the court of first instance No. 12 of the judgment of the court of first instance No. 13 of the part which is dismissed or added.

The details of KRW 1,038,636,470 on the other hand are as follows. The amount of KRW 1,038,636,470 on the other hand is as stated in the list of the purchase-price of goods: KRW 208,526,727 on March 25, 2012; KRW 16,239,639 on April 25, 2012; KRW 217,727,743 on May 25, 2012; KRW 479,05 won on June 154, 2012; KRW 50,167,798 on July 25, 2012; KRW 564 on June 1, 2012; KRW 45,564 on June 15, 2014.

The defendant asserts that, in the case of the money listed in the table Nos. 1 and 5 of the amount of the first repayment, the act of repayment was revoked in the lawsuit for revocation of the fraudulent act filed by the plaintiffs, and thus, it cannot be deemed to have been repaid.

According to the evidence evidence Nos. 7, 26, and 28, the plaintiffs filed a lawsuit against the defendant as Seoul Western District Court 2017Kahap32138, and the above court rendered a judgment on February 8, 2018 that "the payment of the amount in the order No. 1, out of the amount of the first repayment, between the defendant and the non-party company, the act of paying the amount in the order No. 5, and the act of transferring a promissory note No. 5," and the defendant appealed as Seoul High Court 2018Na2023, but the above appellate court dismissed the defendant's appeal on January 18, 2019, which became final and conclusive as is.

According to the above facts, the sum of 311,20,000 won listed in the table Nos. 1, 5 of the amount of the first repayment shall be determined.

arrow