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(영문) 서울고등법원 2017.11.08 2017나2018680
사해행위취소
Text

1. Of the judgment of the first instance court, the part concerning Defendant H and L is revoked, and the plaintiffs’ claims against Defendant H and L are respectively filed.

Reasons

The reasoning for this case is as follows, except for the dismissal, deletion, or replacement as follows, and thus, the reasoning for this case is identical to the reasoning for the judgment of the first instance. Thus, this Court cites it as it is by the main sentence of Article 420 of the Civil Procedure Act.

Part 10 of the judgment of the first instance court (based on recognition) shall be written in the following manner:

[Ground for Recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 1 through 4, Eul evidence 1 through 5, Eul evidence 1 through 5, Eul evidence 1, Eul evidence 1 through 3 (if any, including each number; hereinafter the same shall apply).

Each entry and the purport of the entire pleadings shall be deleted from Section 11, 3, and 14, of the first instance judgment.

Part 11 of the judgment of the first instance court "A claim against Defendant B, etc." in Part 15 of the judgment of the first instance shall be "A claim against the Defendants".

In Part 11 of the decision of the first instance court, the “Defendant B, etc.” in Part 11 of the decision of the first instance shall be charged to “Defendants”, and the “request” shall be added to “ without further need to examine.”

Part 12 through 15 of the judgment of the first instance shall be deleted.

Attached Form 16 through 18 of the judgment of the first instance shall be replaced by the attached Form attached to this judgment.

In conclusion, the plaintiffs' claims against the defendants should be dismissed in entirety as there is no reasonable ground.

Since the part concerning Defendant H and L in the judgment of the court of first instance against Defendant H and L is unfair with different conclusions, it is revoked by accepting the appeal by Defendant H and L, and the plaintiffs' claims against Defendant H and L are dismissed, and the part against the remaining Defendants except Defendant H and L in the judgment of the court of first instance is just and just as it is concluded, and the appeal against the remaining Defendants by the Plaintiff New Bank of Korea and Fransia non-limited company is dismissed, and all of them are dismissed.

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