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(영문) 서울고등법원 2016.06.03 2015나2064764
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport 1.1.

Reasons

1. The court's explanation concerning this case is as stated in the judgment of the court of first instance, in addition to the determination of the plaintiff's grounds for appeal as follows. Thus, this case is cited by the main sentence of Article 420 of the Civil Procedure Act.

[Plaintiff asserts that a fraudulent act is established on the ground that C’s intent is recognized at the time of transfer. The intention to commit a legal act is that the obligor would not prejudice the obligee in doing so. Here, the term “drawing intent” does not mean intention or intent, but would suffice with simple recognition. Ultimately, recognition of the risk that creditors would be unable to receive claims due to lack of common security, and such recognition is sufficient in relation to general creditors and does not require recognition that it would prejudice a specific obligee (see, e.g., Supreme Court Decision 2007Da63102, Mar. 26, 2009). In other words, (i) the secured claim against C was made under the record of the instant case; (ii) the obligor would primarily have obtained a loan on the ground of the borrower’s name to avoid the limit of loans to the same person; and (iii) the obligor would have received a loan under the name of another person; and (iv) the obligor would have been more likely to actually incur losses and losses depending on the collection of the loan expenses; and (iii) the order for management improvement from C1219.

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