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(영문) 서울중앙지방법원 2015.09.10 2014가합514009
구상금 등 청구의 소
Text

1. Defendant A, B, and C jointly and severally filed against the Plaintiff KRW 300,781,539 and KRW 300,279,302 among them.

Reasons

1. Determination as to the claim against Defendant A, B, and C

(a) as stated in the grounds for claim for reimbursement in the separate sheet of claim

(Provided, That paragraph 1(b)(excluding paragraph 1(b)).

Article 208 (3) 2 of the Civil Procedure Act provides for a judgment based on the deeming of confession.

2. Determination as to the claim against Defendant D

A. On August 5, 2013, Defendant B, a cause of the claim, entered into a property division agreement (hereinafter “instant property division agreement”) with Defendant D on the real estate indicated in the separate sheet (hereinafter “instant real estate”). Accordingly, on September 2, 2013, Defendant B completed the registration of ownership transfer with respect to the instant real estate to Defendant D, but this was a fraudulent act detrimental to the general creditors, including the Plaintiff, and thus, Defendant D filed a claim against Defendant D for the cancellation of the instant property division agreement and the cancellation of the above ownership transfer registration.

B. 1) Determination 1) The existence of a preserved claim is required to require that, in principle, a claim that may be protected by the obligee’s right of revocation has arisen prior to the commission of an act that could be viewed as a fraudulent act. However, at the time of such fraudulent act, there has already been a legal relationship that serves as the basis of the establishment of the claim, and there is high probability that the claim is established in the near future because of its legal relationship, and in the near future, where the probability thereof has been realized and the claim has been established, the claim may also become a preserved claim

(B) The facts constituting the grounds for filing a claim for reimbursement in attached Form 95Da27905, Nov. 28, 1995, and Supreme Court Decision 2007Da21245, Jul. 15, 2010, etc.) and the following facts can be acknowledged by taking into account the following: (i) there is no dispute between the parties; and (ii) the entries in attached Form 1 through 10, 14, and 15 (including the serial number) and the overall purport of pleadings. The Defendant A Co., Ltd (hereinafter “Defendant A”) (hereinafter “Defendant A”) did not pay interest on the funds borrowed from a national bank on September 3, 2013, but did not pay the interest on September 16, 2013.

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