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(영문) 인천지방법원 2015.09.16 2014가단206128

구상금

Text

1. As to Defendant A and B’s joint and several liability for KRW 1,167,015,629 and KRW 172,009,40,00 among the liability for damages incurred to the Plaintiff.

Reasons

1. Claims against Defendant A, and B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by public notice: Article 208 (3) 3 of the Civil Procedure Act;

2. Claim against Defendant C

A. The establishment of a preserved claim and a fraudulent act should have occurred prior to the commission of an act that could be viewed as a fraudulent act, in principle, at the time of such fraudulent act. However, there is a high probability that the claim has already been established at the time of such fraudulent act, and that the claim should be established in the near future in the near future. In a case where a claim has been established as a result of its realization in the near future, the claim may also become a preserved claim (see, e.g., Supreme Court Decision 2000Da4352, Apr. 12, 2002). If the debtor’s property is insufficient to repay its whole debt to a certain creditor, barring any special circumstance, if the debtor provided it as a payment in kind or as a collateral for security, it would be prejudicial to the interest of other creditors and becomes a fraudulent act, and the same applies to the case where the debtor’s property offered as payment in kind or as a collateral falls short of the amount of the claim (see, e.g., Supreme Court Decision 2000Da1685, Nov. 29, 200198).