구상금 등
All appeals by the defendants are dismissed.
The costs of appeal shall be borne by the Defendants.
Purport of Claim
1. Defendant A.C.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, in addition to the dismissal of the pertinent part of the judgment of the court of first instance as follows. Therefore, this is acceptable by the main text of Article 420 of the Civil Procedure Act.
[Attachment] From 8th of the first instance judgment to 11th of the 15th of the 8th instance judgment, the following acts are followed.
(B) The Plaintiff asserted by the parties (1) around the time when the contract to establish a right to collateral security was concluded, Defendant B had a debt equivalent to KRW 2,716,040,255 of the joint and several liability owed to the Industrial Bank of Korea (Criteria for Won).
The argument is asserted.
In addition, Defendant B asserts that the amount of 297,160,000 won should also be included in the small property, which is borne by Defendant B with respect to the Gyeonggi Credit Guarantee Foundation.
As to this, the defendant asserts that the Industrial Bank of Korea already secured the right of preferential repayment of KRW 2,440,000,000 for each real estate and machinery listed in the separate sheet Nos. 1, 2, and 307,906,049 (i.e., the Industrial Bank of Korea’s joint and several liability amounting to KRW 2,747,906,049 (i.e., KRW 2,40,000) for the joint and several liability amounting to KRW 2,440,50,000 for the registration of the establishment of the right of collateral security under the name of the Industrial Bank of Korea and KRW 1,23,406,000 for the debt amounting to KRW 915,50,00 for the defendant C as the small property of the defendant B.
(2) In determining the debtor's insolvency, which is the requirement to exercise the creditor's right of revocation, it is necessary to say that the small property, in principle, is generated prior to the occurrence of an act that can be deemed as an act of deception. However, at the time of such act, there is a high probability that the legal relationship, which is the basis of the establishment of the obligation, has already been established at the time of the act, and that the obligation is to be established in the near future, and where the risk is realized in the near future and the obligation is established.