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(영문) 대구지방법원서부지원 2014.02.06 2013가합2970

사해행위취소등

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiff's assertion

A. The Plaintiffs, who worked as a contracting worker or a registered security guard, and the Defendants, who conspiredd with the head of the site at the aggregate extraction site of the Nakdongdong River and the branch of the Gyeongbuk-gun, North Korean Peninsula, were subject to criminal punishment for the theft of aggregate managed by the elderly group from April 2007 to March 2010.

B. Although the Plaintiffs and the Defendants are jointly liable for the damages suffered by the aged group due to the above theft, the aged group filed a lawsuit seeking compensation for damages with this Court 2012Gahap19566 only against the Plaintiffs.

C. Therefore, the Plaintiffs are entitled to claim compensation against the Defendants according to the outcome of the instant case, and thus, they seek payment of the amount stated in the purport of the claim against the Defendants by exercising their prior right of reimbursement.

2. Although the Plaintiffs asserted a prior claim for reimbursement based on the instant monetary claim, there is no ground to deem that the Plaintiffs’ prior claim for reimbursement exists due to the circumstance that the Plaintiffs and the Defendants filed a lawsuit against the Plaintiffs, even though they were liable for joint tort against the aged group, and there is no other ground to deem that the Plaintiffs’ prior claim for reimbursement exists against the Defendants, and therefore, the said assertion is without merit without further review.

(3) If the plaintiffs' claims against the defendants are without merit, it shall be dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.