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(영문) 대전고등법원 2015.08.26 2014나11664
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons why this Court shall explain this part of the basic facts are as follows: each of the pertinent parts’ “Defendant A” to “A”, and each of “Defendant B” to “Defendant” are as stated in paragraph 1 of the first instance judgment, except for the case where each of “Defendant B” is dismissed as “Defendant”, and therefore, it shall be accepted in accordance with the main sentence of Article 420 of

2. Determination as to the cause of action

A. 1) In principle, a preserved claim is required to be protected by a creditor’s right of revocation. However, there is a high probability that a claim has already been established at the time of a fraudulent act, and that a claim has been established in the near future by its legal relationship. In the near future, a claim may also be a preserved claim. Here, “high probability as to the establishment of a claim” should be objectively determined by comprehensively taking into account various circumstances, such as the content of a basic legal relationship between the creditor and the debtor, the obligor’s property status and change, the frequency of claims created under such circumstances, and the awareness of the general public (see, e.g., Supreme Court Decision 2011Da76426, Feb. 23, 2012). According to the above acknowledged facts, it is highly probable that a credit guarantee contract at the time of the conclusion of the mortgage contract at issue was concluded in the near future, and the Plaintiff’s credit guarantee contract at the time of the conclusion of the mortgage contract at issue was not established for 21 months or longer.

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