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(영문) 서울중앙지방법원 2017.10.18 2017나1560
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The parties indicated in the judgment of the court of first instance are indicated.

Reasons

1. The reasoning for this part of the lower court’s reasoning is the same as that of “1. Basic Facts” as that of the reasoning of the first instance judgment, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the plaintiff's claim

A. The existence of the preserved claim and the claim protected by the obligee’s right of revocation should, in principle, be occurred before the act that can be viewed as a fraudulent act is performed. However, at the time of the fraudulent act, the legal relationship which has already been based on which the claim has already been created has been established, and there is a high probability that the claim may be created based on such legal relationship in the near future, and in the near future, the claim may also become a preserved claim in the obligee’s right

(1) According to the reasoning of the judgment below, the Plaintiff’s claim for indemnity against the Plaintiff’s deceased C was not accrued before the instant sales contract was concluded. However, upon considering the following facts, the Plaintiff’s claim for indemnity was already concluded at the time of the conclusion of the instant sales contract, and the purport of the entire pleadings as to the evidence Nos. 3-1 through 4, and the evidence No. 4, the Plaintiff’s entire argument was comprehensively taken into account: (a) the Plaintiff’s credit guarantee contract was concluded between the Plaintiff and the Plaintiff; and (b) the Plaintiff’s claim for indemnity against the Plaintiff was made at the time of the conclusion of the instant sales contract; (c) the Plaintiff’s performance of its guaranteed obligation due to the occurrence of the instant sales contract from March 31, 2014, which was the date of the conclusion of the instant sales contract; and (d) the Plaintiff’s delayed payment of interest on the Defendant’s debt to the Bank on September 18, 2014, which was the date five months elapsed since the date of the instant sales contract.

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