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(영문) 대전고등법원(청주) 2016.07.26 2015나10579
구상금
Text

1. Of the judgment of the court of first instance, the part against Defendant D is revoked, and the Plaintiff’s claim against Defendant D is dismissed.

2...

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. Determination

A. (1) The existence or absence of the Plaintiff’s preserved claim may be the preserved claim of the obligee’s right of revocation in the case (see, e.g., Supreme Court Decision 2004Da53173, Aug. 19, 2005). ① Although the Plaintiff’s indemnity claim against B was not yet established at the time of the instant sales contract, there was a legal relationship which is the basis of the establishment of the claim at the time of the said fraudulent act, and there is high probability as to the establishment of the claim in the near future, based on such legal relationship in the near future. In the near future, the possibility of realizing the claim in the near future, the claim may be the preserved claim of the obligee’s right of revocation (see, e.g., Supreme Court Decision 2004Da53173, Apr. 14, 2014).

(b) the debtor B’s fraudulent act is the sole property of the debtor.

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