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TITLE Supreme Court Decision 2017Da239311 Decided May 10, 2019¡¼Damages (Etc.)¡½ [full Text]
Summary
[1] Requirements for a third party¡¯s act of reducing the obligor¡¯s executable property that results in either disabling or making it difficult for the obligee to execute or satisfy a claim to constitute tort against the obligee
[2] If the obligor owed large amounts at the time when a third party¡¯s claim infringement occurred by way of concealing the obligor¡¯s property and, even if there had been no claim infringement, the obligee had no probability of recovering more than a certain claim amount from the obligor, whether proximate causation may be recognized between damages exceeding a certain amount and tort caused by the third party¡¯s claim infringement (negative) and, in such case, the method of determining the probability of claim recovery
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