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(영문) 대구지방법원 2015.05.19 2014가단117127
구상금
Text

1. As to Defendant A and Defendant B’s joint and several liability for KRW 797,400,406 and KRW 11,694,775 among them, the Plaintiff is jointly and severally liable for damages.

Reasons

1. Determination as to the claim for reimbursement against Defendant A and B

(a)as shown in the reasons for the attachment of the claim;

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

2. Determination as to the creditor's revocation claim against the defendant C and D

A. 1) In principle, a secured claim may be protected by a creditor’s right of revocation. However, there is a high probability that a claim has already been established at the time of such fraudulent act, and where a claim has been established in the near future due to its legal relationship. In fact, it is highly probable in the near future, the claim may also become a secured claim of the creditor’s right of revocation (see, e.g., Supreme Court Decisions 2004Da53173, Aug. 19, 2005; 2007Da21245, Jul. 15, 2010). According to the overall purport of pleading and pleading between the Plaintiff and the Defendant Company No. 1 and the Defendant Company No. 416 (including serial number), each of which was the first credit guarantee agreement between the Plaintiff and the Defendant Company No. 1 and the Defendant Company No. 1 and the Defendant Company No. 365, Nov. 28, 2013.

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