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(영문) 인천지방법원 2016.12.23 2016나57970
배당이의
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 reasoning of the court’s explanation concerning this case is as follows, except for the part “3. preliminary claim determination” in the main text of Article 420 of the Civil Procedure Act, and this part is as stated in the reasoning of the judgment of the court of first instance. Thus, the court’s explanation concerning this case is acceptable in accordance with the main text of Article 420 of the Civil Procedure Act.

3. Determination on the conjunctive claim

A. 1) The existence of a preserved claim may be considered as a preserved claim of the obligee’s right of revocation in the instant case (see Supreme Court Decision 2006Da48588, May 31, 2007). The date of payment to one bank was made on November 27, 2014; however, there was a high probability that the Plaintiff’s claim for compensation against B was established at the time of such fraudulent act, based on its existing legal relationship in the near future; and in the near future, it is highly probable that the claim is established due to its realization in the near future, the claim may also be considered as a preserved claim of the obligee’s right of revocation (see Supreme Court Decision 2006Da4858, May 31, 2007). The Plaintiff’s claim for compensation against the Han Bank was established on November 10, 2014; however, it was probable that the Plaintiff’s claim for compensation was already established on 14.14, 2014.

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