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1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. Of the instant lawsuit, B filed against the Defendant on May 9, 2013.
Reasons
1. The Plaintiff filed a claim for the return of unjust enrichment of KRW 100,000 from the first instance court to the court of first instance for the return of unjust enrichment of KRW 100,000,00,000, on a selective basis, and on March 6, 2015, the Plaintiff filed a claim for the payment of KRW 100,000,000 as the revocation of each of the intent to waive the benefit of extinctive prescription as of May 9, 2013 and the restoration thereof. The court of first instance rejected the part of the instant lawsuit, which seeks the revocation of the intent to waive the benefit of extinctive prescription as of March 6, 2015, and that part of the lawsuit seeking the revocation of the declaration of intent to waive the benefit of extinctive prescription as of May 9, 2013 and the restoration thereof, and did not separately determine the claim for the return of unjust enrichment of KRW 100,000,000.
Accordingly, the defendant only appealed against the part against the defendant among the judgment of the court of first instance. Thus, the subject of the judgment of this court is limited to the remaining claims except the part of the judgment of rejection of the lawsuit as above among the lawsuit of this case.
2. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the first instance (1. 1.). Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.
3. Determination on the claim for revocation of fraudulent act and the claim for restitution
A. (i) On May 9, 2013, the act of preparing and holding the instant loan certificate to the Defendant on the part of the Plaintiff’s claim for revocation of the fraudulent act constitutes a fraudulent act against the Plaintiff and other creditors, including the Plaintiff, by declaring the intent to waive the benefit of extinctive prescription.
⑵ 제척기간 도과 여부에 대한 판단 ㈎ 관련 법리 채권자취소 청구의 소는 채권자가 취소원인을 안 날로부터 1년 내에 제기하여야 하는데(민법 제406조 제2항), 채권자취소권 행사에 있어서 제척기간의 기산점인 채권자가 ‘취소원인을 안 날’이라 함은 채권자가 채권자취소권의...