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(영문) 서울고등법원 2017.10.18 2017나2018116
구상금
Text

1. The part against the Defendants in the judgment of the first instance is revoked, and the Plaintiff’s claim corresponding to that part is all satisfied.

Reasons

1. The reasoning of this Court’s explanation is as follows: (a) the reasoning of this Court’s reasoning is as stated in the reasoning of the judgment of the first instance, except for the addition of “Nos. 3 through 6” to the part between the Defendant and the Construction Mutual Aid Association; and (b) the reasoning of the judgment is as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the claim for revocation of a fraudulent act

A. (1) The establishment of a preserved claim requires that, in principle, a claim protected by the obligee’s right of revocation was created prior to the commission of an act that can be viewed as a fraudulent act. However, there is a high probability of the existence of a legal relationship that has already been based on the establishment of the claim at the time of such fraudulent act, and that the claim is established in the near future due to its legal relationship. In the near future, where the probability is realized and the claim has been established, the claim may also become a preserved claim of the obligee’s right of revocation

(2) As seen earlier, the Plaintiff’s claim for indemnity against Co-Defendant C was created after the date of the instant sales contract and the date of the instant mortgage contract, but each of the instant guarantee agreements, which was the basis for the occurrence of obligations prior to the occurrence of obligations, was concluded.

In addition, as a result of the fact-finding on L of the first instance court, the following circumstances, which are acknowledged by the results of the order to submit financial transaction information to the KH Savings Bank Co., Ltd. and the purport of the entire pleadings, namely, ① the co-defendant C of the first instance court, from December 2, 2012, was in the state that he had already failed to pay L with respect to the purchase price of goods; ② since September 2013, 2013, the financial status has deteriorated, such as delinquency in the payment of loans to the KH Savings Bank Co., Ltd.; ② the co-defendant of the first instance court, the representative director of the above C, was revoked on September 12, 2013; and ② the registration of the construction business was revoked on September 12, 2013.

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