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(영문) 인천지방법원 2015.12.23 2014가단204894
사해행위취소
Text

1. Defendant A Co., Ltd,B, andC jointly and severally with the Plaintiff regarding KRW 83,024,216 and KRW 82,404,002 among them, as well as KRW 82,404,002, Nov. 29, 2013.

Reasons

1. Claim for indemnity against Defendant AA Stock Company,B, orC;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confessions: Decision by public notice under Articles 208(3)2 and 150(1) and (3) (2) of the Civil Procedure Act: Article 208(3)3 of the Civil Procedure Act (as regards Defendant B andC);

2. Claim for revocation of fraudulent act against Defendant D and restitution to its original state;

A. As set out in the Annex 3. Revocation of fraudulent act among the grounds for the claim.

B. As to whether Defendant C was in excess of the obligation at the time of entering into the instant sales contract with Defendant D, it is not sufficient to recognize that Defendant C was in excess of the obligation at the time of entering into the instant sales contract, as to whether it was in excess of the obligation, the entries in the evidence No. 10, No. 12, No. 13, and No. 14, and each fact-finding reply to the Court Administration and the Ministry of Land, Infrastructure, and Transport by this court, and each response to the submission of the submission of financial transaction information to the new bank and the Korea Federation of Banks, and there is no other evidence to prove otherwise

3. In conclusion, the plaintiff's claim against defendant A, B, andC is justified. Thus, the plaintiff's claim against defendant D is dismissed as it is without merit.

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