The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Anyone who can invoke extinctive prescription is limited to a person who obtains direct benefit from the extinction of his/her right. The beneficiary of a fraudulent act who becomes the other party to a lawsuit seeking revocation of the fraudulent act would lose the benefit obtained by the fraudulent act when the fraudulent act is revoked, but the creditor who exercises the right to revoke the fraudulent act is in a position to avoid loss of such benefit when the claim of the creditor who exercises the right to revoke the fraudulent act is extinguished. Therefore, the beneficiary shall be deemed as a person who obtains direct benefit from the extinction of the claim. Accordingly, the beneficiary may

(2) According to the reasoning of the judgment of the court below, the court below rejected the plaintiff's assertion that the plaintiff's claim for joint and several surety loans of this case against B had already expired before the lawsuit of this case was filed, and since the plaintiff applied for a payment order of the above claim against B and the payment order was finalized, the defendant cannot contest the existence of the preserved claim. Since the payment order of the plaintiff's assertion is not recognized as res judicata effect effect effect, the defendant can contest the existence of the preserved claim notwithstanding the payment order of the finalized payment order.

In light of the aforementioned legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal principles on the interpretation of disposal documents and ex

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided by the assent of all participating Justices.