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| TITLE | Supreme Court Decision 2017Da239311 Decided May 10, 2019【Damages (Etc.)】 [full Text] |
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| Summary | |
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[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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