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(영문) 서울중앙지방법원 2020.10.21 2019나77622
구상금 등
Text

The judgment of the first instance, including the plaintiff's claim extended by this court, shall be modified as follows:

1. The defendant.

Reasons

1. The reasons for this part of the basic facts are as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. 1) The Plaintiff asserts that, at the time of the instant sales contract, there was a high probability that the Plaintiff’s credit guarantee agreement was concluded prior to the occurrence of the Plaintiff’s claim for reimbursement against the Deceased, and the Plaintiff’s claim for reimbursement was actually created. Accordingly, the Plaintiff’s claim for reimbursement can be the preserved claim for the Plaintiff’s claim for reimbursement. Accordingly, the Defendant’s credit guarantee agreement between the Plaintiff and the Deceased was concluded on August 28, 2013, and for more than three years thereafter, the Deceased did not delay the loan; the Plaintiff’s credit guarantee agreement between March 25, 2016, which was the date of the instant sales contract, was established on November 28, 2016, which was nearest to the date of the instant sales contract; the Plaintiff’s claim for reimbursement was established at the time of the instant sales contract’s establishment of a fraudulent act’s claim for reimbursement in the future; thus, it is probable that the Plaintiff’s claim for reimbursement would not have been established at the time of its establishment.

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