구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
The plaintiff's primary claim is dismissed, and only the defendant appealed against the judgment of the court of first instance which accepted only the conjunctive claim. Thus, the scope of the court's trial is limited to the defendant's conjunctive claim.
Basic Facts
The reason why this Court is used for this part is as follows: ① each “Defendant E” is “Defendant A”; each “Defendant A” is “Codefendant A of the first instance trial”; each “Defendant B” is “Codefendant B of the first instance trial”; each “Defendant C” is “Codefendant C of the first instance trial”; each “Defendant G” is “Codefendant of the first instance trial”; ② each “Defendant G” is replaced by “7,13” in Part 9 of the fourth decision of the first instance trial; ② “7” in Part 9 of the fourth decision of the first instance trial is replaced by “7,13”; ③ “74,049,000” in Part 16 of the sixth Decision is replaced by “74,049,280,” and this is identical to the corresponding part of the judgment of the first instance trial, so it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Judgment
In principle, a claim that may be protected by the obligee’s right of revocation of a preserved claim shall be, in principle, arising prior to the occurrence of an act that may be deemed a fraudulent act. However, there is high probability that at the time of the fraudulent act, there has already been a legal relationship that serves as the basis of the establishment of the claim, and that the claim should be established in the near future in the near future, and the claim may also be the preserved claim of the obligee’s right of revocation only in cases where a claim
(See Supreme Court Decisions 2004Da53173 Decided August 19, 2005, 2005; 2005Da8286 Decided September 28, 2006, etc.). According to the above facts, the co-defendant A (hereinafter “A”) of the first instance court, who is the principal obligor of each credit guarantee agreement of this case or the joint and several surety, is the principal obligor of each credit guarantee agreement of this case, shall be KRW 146,581,98, 259, 259, 624, 259, 624, 1, 942, 033, 1, 942, 033, 206.