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(영문) 창원지방법원 2018.09.19 2018가단102372
구상금
Text

1. As to KRW 45,984,322 and KRW 45,505,725 among the Plaintiff, Defendant A shall be from January 22, 2018 to March 20, 2018.

Reasons

1. Determination as to the claim against Defendant A

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

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against the defendant C

A. In principle, it is required that a claim protected by the obligee’s right of revocation has arisen prior to the commission of an act that can be viewed as a fraudulent act. However, at the time of such fraudulent act, there has already been legal relations that form the basis of the establishment of the claim, and there is high probability that the claim should be established in the near future due to its legal relations, and in a case where a claim has been created due to its realization in the near future, the claim may also become a preserved claim of the obligee’s right of revocation.

(see, e.g., Supreme Court Decision 97Da8687, Oct. 10, 1997). As indicated in the grounds for a claim attached hereto, a credit guarantee agreement between the Plaintiff and the Defendant was concluded on July 5, 2016, and a credit guarantee accident occurred at the time of not much until now ( October 27, 2017).

Therefore, at the time of entering into a pre-sale agreement on July 13, 2017 (hereinafter “instant pre-sale agreement”) with Defendant A and Defendant C regarding each of the real estate listed in Articles 1 and 2 of the “Real Estate Indication” (hereinafter “Real Estate 1 and 2”), the legal relationship, which forms the basis for the establishment of the claim for indemnity, was already occurred, and there was a high probability that the Plaintiff’s claim for indemnity was established. In fact, the probability was realized on January 22, 2018, which is near future. Accordingly, the Plaintiff’s claim for indemnity was established.

Therefore, the claim for reimbursement held by the plaintiff can be the preserved claim of the obligee's right of revocation.

B. Defendant A and the Defendant C for the purpose of securing Defendant C’s claim regarding the instant real estate 1 and 2 in excess of debt on July 14, 2017.

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