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(영문) 대전지방법원 2016.03.09 2015가단207096
구상금 등 청구의 소
Text

1. Defendant A, B, and C are jointly and severally liable to the Plaintiff for 82,224,000 won and its related amount from March 18, 2015.

Reasons

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

(a) Grounds for claims: as shown in the annexed sheet of grounds for claims;

(b) Applicable provisions of the Civil Procedure Act: Article 208 (3) 2 of the Civil Procedure Act (an order to pay the amount calculated by the rate of 15% per annum from October 1, 2015 to the date of full payment, in accordance with the provisions of the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc., amended, whichever is applicable);

2. Determination as to the claim against Defendant D

A. (1) Determination as to the cause of the claim (1) In principle, a claim that may be protected by the right of revocation for the establishment of the preserved claim should, however, be arising before the obligor performs a juristic act for the purpose of property right with the knowledge that it would prejudice the obligee. However, there is a high probability that the legal relationship which is the basis of the establishment of the claim has already been established at the time of the juristic act, and that the claim is created in the near future based on the legal relationship, and in the near future, where the probability has been realized and the claim has actually

(See Supreme Court Decision 200Da37821 Decided March 23, 2001, etc.). According to the evidence Nos. 1 and 2, around February 2012, Defendant C had already established a legal relationship, which is the basis for the claim for indemnity at the time of entering into a contract to establish a mortgage and a pre-contract to sell and purchase real estate listed in the separate sheet (hereinafter “real estate of this case”) by jointly and severally guaranteeing the Defendant A’s obligation for indemnity against the Plaintiff, Defendant C, a corporation, around February 2012. Defendant A was highly likely to incur a claim for indemnity in the near future, since Defendant A was unable to pay the second year royalties by December 31, 2013. In fact, it was probable that the Plaintiff paid the insurance money on March 17, 2015, thereby creating a claim for indemnity.

Defendant D, Defendant C, on May 27, 2013, as collateral, the instant real estate to Defendant D.

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