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(영문) 서울중앙지방법원 2014.05.15 2013가단178850
사해행위취소 등
Text

1. The Plaintiff’s claim against the Defendant (Appointed Party) and the Appointed C is dismissed in entirety.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) died on March 17, 1985. The Plaintiff is the deceased’s children born between the deceased and his former wife G, and Nonparty D is the latter’s wife on July 7, 1961, and Defendant B is the deceased’s wife on July 7, 1961. Defendant B is a person in a de facto marital relationship with Nonparty D’s father, who is his father, and the observer C is the husband of H, who is his father.

B. On August 20, 1985, D and E issued to the Plaintiff a face value “29,273,482 won,” the place of issuance and payment, Seoul City, and Promissory Notes with blanks (hereinafter “instant Promissory Notes”).

C. The Plaintiff filed a lawsuit against D and E with the Seoul Special Metropolitan City Resident's District Court 86Da2029, which was based on the Promissory Notes in this case, and the judgment of the appellate court was finalized on September 16, 1987, which was the judgment of the appellate court. The second lawsuit for the interruption of the statute of limitations for the above judgment claim was finalized on September 28, 1997 by the Seoul Special District Court 97Da108936 decided.

The Plaintiff filed a lawsuit seeking the payment of the instant promissory note amount with the Seoul Central District Court 2007Kadan214564, supra, in order to interrupt the prescription of the claim for the said KRW108936.

(hereinafter referred to as “instant case”). D.

On June 10, 2008, the Seoul Central District Court rendered a judgment in favor of the plaintiff on June 10, 2008 that "D and E jointly pay to the plaintiff 1,364,117,297 won and 269,273,482 won per annum from January 16, 2008 to the date of full payment."

(hereinafter “instant judgment of the first instance court”). E.

D and E and the Plaintiff appealed as Seoul High Court Decision 2008Na5973, and the above court revoked the part against D and E in the first instance judgment on September 7, 2011 and dismissed the Plaintiff’s claim corresponding to the revoked part.

‘The judgment of the court' was pronounced.

F. The Plaintiff dissatisfied with the above judgment and appealed by the Supreme Court Decision 201Da87587, and the Supreme Court reversed the judgment below on February 15, 2013, and the case is remanded to the Seoul High Court.

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