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(영문) 서울고등법원 2016.02.26 2015나2026915

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the part corresponding to the defendant among the reasons of the judgment of the court of the first instance is identical to that of the judgment of the court of the first instance, except where the judgment is added to the corresponding part of the judgment of the court of the first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] Joint Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant in the judgment of the first instance.

The portion of "the real estate of this case" referred to each real estate listed in the attached list of real estate in the judgment of the court of first instance shall be changed to "the real estate of this case".

Part 5 of the 6th judgment of the first instance court shall be written with "each description of evidence A to 15" "each description of evidence A to 6 through 15".

The 7th sentence "564,713,650 won" in the 7th sentence of the first instance judgment shall be "564,713,560 won", and the 7th sentence "395,286,350 won" shall be "395,286,440 won".

2. Additional determination

A. (1) As to the existence of the preserved claim, the Plaintiff acquired the claim for indemnity against A by subrogation by paying a loan obligation to the Korean bank on December 9, 2013 after the six-month period has elapsed from June 10, 2013, which was the date of the conclusion of the instant sales contract.

B) Therefore, the Plaintiff’s claim for reimbursement against A cannot be a preserved claim in the instant lawsuit seeking revocation of the fraudulent act. (2) The judgment should, in principle, have arisen before the obligor performs a juristic act aimed at property rights with the knowledge that the obligee would prejudice the obligee. However, the legal relationship that has already been established at the time of the juristic act, which is the basis of the establishment of the claim, is the near future.