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(영문) 광주지방법원순천지원 2016.01.13 2014가단77035
구상금 및 사해행위취소 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the claim for indemnity

A. The Plaintiff’s assertion that Defendant B assumed the monetary obligation of KRW 60 million against D, but the Plaintiff subrogated for the sum of KRW 60 million to D at Defendant B’s request or between February 24, 2010 and May 25, 2010 for Defendant B.

Therefore, the plaintiff has a claim for reimbursement against the defendant B.

B. The written evidence Nos. 1, 2, and 4 (including household identification cards) alone is insufficient to admit the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the aforementioned evidence evidence Nos. 1-1 and 2’s overall purport and arguments, E and Defendant B were engaged in the same business as of September 2009. In order to cover the necessary expenses, E borrowed a total of KRW 60 million from D; Defendant B established a mortgage on the ship indicated in the claim on November 9, 2009 (hereinafter “the ship of this case”) with D’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s 20.

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