beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
Reasons
1. The reasoning for the court’s explanation of the basic facts of this case is that “Defendant A” of the judgment of the first instance is identical to “Joint Defendant A of the first instance court,” “Defendant C” to “Joint Defendant C of the first instance court,” “Defendant C” to “Joint Defendant C of the first instance court,” and “this court” to “Co witness A of the first instance court,” and “Defendant A of the first instance court,” and this court’s explanation is identical to the part of “1. Basic facts in the reasoning of the judgment of the first instance court,” and thus, they are cited pursuant to the main sentence of Article 420
2. Determination as to the claim against the defendant
A. As acknowledged in the facts established prior to the date of the instant sales contract, on April 17, 2015, which was after January 26, 2015, the date of the instant sales contract for the instant real estate No. 1, which was the date of the instant sales contract, the Plaintiff’s claim for indemnity against Codefendant A was established, but the instant credit guarantee agreement, which was the legal basis of its establishment, was already concluded on November 5, 2012, and the first instance codefendant A incurred credit guarantee accidents on February 24, 2015, comprehensively taking into account the fact that a credit guarantee agreement was already concluded on November 5, 2012.
Therefore, the plaintiff's claim for reimbursement against co-defendant A in the first instance trial can be a preserved claim.
B. Whether the act of an obligor in the relevant legal doctrine 1 caused or deepened the shortage of common security for general creditors and thus constitutes a fraudulent act subject to revocation by creditors, such as the proportion of the subject matter of the act in the debtor’s liability property to the debtor, the degree of insolvency, the legitimacy of the economic purpose of the juristic act and its realization means, the reasonableness of the act in question, the duty or the inevitable nature of the act in question, and the degree of perception of the parties to the risk of lack of common security, such as the existence of collusion between the debtor and the beneficiary.