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(영문) 의정부지방법원 2018.10.18 2018나200250
사해행위취소
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not substantially different from the allegations in the court of first instance except for the following additional portions, and even if the defendant stand evidence submitted in the court of first instance, it is insufficient to recognize the defendant's assertion, and thus, the fact-finding and judgment of the court

Therefore, the court's explanation on the instant case is citing the reasoning of the judgment of the court of first instance as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the following additional parts.

2. The defendant's additional determination is not sufficient to acknowledge that D used D's testimony alone to pay the debt amount received from D's transfer of the business in this case as the transfer price received from D's transfer of the business in this case, and D's repayment of debt to other debtor was omitted in the non-performance condition against the plaintiff. Thus, since D's repayment of debt to the other debtor becomes fraudulent act. However, the defendant's assertion on this premise is without merit, unless there is any other evidence to acknowledge it.

3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed in entirety.

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