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(영문) 대구고등법원 2016.03.31 2015나23070
사해행위취소등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The judgment of the court of first instance on the scope of the trial at hand accepted the claim of KRW 150 million (the transfer price of this case) and part of the damages for delay of the claim against Defendant B, and dismissed the remainder of the damages for delay, and the claim of KRW 50 million (the amount of money created by Daegu Bank as to the Plaintiff’s real estate owned by Defendant B, which was agreed to be acquired by Defendant B), and the damages for delay, and accepted each of the claims against Defendant C.

The Plaintiff did not file an appeal against the judgment of the first instance, and only the Defendants filed an appeal against the part against the Defendants in the judgment of the first instance.

Therefore, the subject of the trial of the party shall be limited to the claim against the defendant C, which is the part against the defendant B, for the above KRW 150 million and part of the claim for delay damages therefor, and the part against the defendant C, for the plaintiff's claim against the defendant C (the part against the plaintiff, the above KRW 50 million and the part against the plaintiff's claim for delay damages concerning the above KRW 50 million shall be excluded from the subject of the trial of the party trial). 2. The reasons for the court's explanation concerning this case in this case is that the court of first instance deleted the "liability Guarantee" of the 4th judgment of the court of first instance, 6th, 7th, 7th, "her husband," "the plaintiff's husband," 8th, 17th, "the plaintiff's husband," the 7th, 7th, 7th, 11th, "the representative director," "the representative director of the defendant B shall take office under the contract of this case, and the part concerning the defendant D's joint surety's claim 10 to be additionally 3.

The reasoning of the judgment of the first instance is the same as that of the reasoning of the judgment, except for the addition of the following in the preceding part of the judgment, and this is accepted by the main sentence of Article 420 of the Civil Procedure Act.

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