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The judgment below
The part concerning the main lawsuit is reversed, and that part of the case is remanded to the Seoul High Court.
a counterclaim.
Reasons
The grounds of appeal are examined.
1. In a case where multiple creditors file a lawsuit for revocation of a fraudulent act and restitution claim simultaneously or at different times with respect to the claim on the principal lawsuit, these lawsuit does not constitute a double lawsuit, and the same claim filed thereafter does not become a benefit in the protection of rights of the other creditors, solely on the fact that the judgment rendered in favor of one creditor has become final and conclusive by claiming revocation of a fraudulent act and restitution of the same fraudulent act.
However, in a case where a creditor claims revocation and restitution of the same fraudulent act and the judgment became final and conclusive by winning a favorable judgment with respect to the same fraudulent act, the creditor’s claim for revocation and restitution of the property or the value thereof would no longer benefit in the protection of rights to the extent that it overlaps (see, e.g., Supreme Court Decisions 2003Da19558, Jul. 11, 2003; 2007Da84352, Apr. 24, 2008; hereinafter “the Defendant”). The Defendant (Counterclaim Plaintiff; hereinafter “the Defendant”) issued a final and conclusive order for reimbursement to the Plaintiff on May 14, 2019 between the Defendant and C Co., Ltd. (hereinafter “C”) subject to the exercise of the right to revoke the fraudulent act in this case, and the value of the assignment of claims and restitution of the value of the goods purchased on May 31, 2012 (hereinafter “403,16,746).
Therefore, the principal lawsuit of this case against the defendant by the plaintiff (Counterclaim defendant, hereinafter "the plaintiff") may be deemed to have no benefit of protecting the rights during the period of the final appeal. The ground of appeal assigning this error is with merit.
(after re-delivery, the lower court should deliberate and determine whether the value was recovered as above). 2. Determination on the counterclaim claim on February 2.