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(영문) 부산고등법원 2015.06.10 2014나4613
구상금 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasons for the judgment of the court of first instance to be used in this case are as follows: "Defendant Company" and "Defendant B" in the judgment of the court of first instance shall be deemed as "non-party company" and "B"; "date on which pleadings are closed" in the 15th and 17th of the judgment of the court of first instance shall be deemed as "date on which pleadings are closed at the court of first instance"; and "3. A. (1)" in the judgment of the court of first instance ("the part on whether the secured claim is established" in the 6th and 15th to 8th of the judgment) shall be deemed as the reasons for the judgment of the court of first instance, except for the case to be used in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. (1) In principle, it is necessary to conclude that a claim entitled to be protected by the obligee's right of revocation has arisen prior to the occurrence of an act that can be viewed as a fraudulent act in principle. However, there has already been a legal relationship that serves as the basis of the establishment of a claim at the time of such fraudulent act, and it is highly probable that a claim should be established in the near future based on such legal relationship. In fact, where a claim has been created due to its realization in the near future, the claim may also become a preserved claim for the obligee's right of revocation (Supreme Court Decision 95Da27905 delivered on November 28, 1995). (B)

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