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(영문) 부산지방법원 2019.11.01 2019나49403
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. In addition to adding the following judgments, the court’s explanation on the instant case is identical to the reasoning of the judgment of the first instance. Therefore, the judgment of the first instance is cited by the main sentence of Article 420 of the Civil Procedure Act.

The Defendant asserts that there exists no additional judgment that the statute of limitations has expired ten years since the date when the judgment of this case became final and conclusive on October 30, 2007. In full view of the purport of the entry and the entire pleadings in the evidence No. 4, the Plaintiff filed an application for a payment order against C on August 14, 2017, which was ten years before the date when the judgment of this case became final and conclusive (Seoul Central District Court 2017 tea348544), and the above payment order became final and conclusive on October 13, 2017. Accordingly, the above statute of limitations was interrupted on August 14, 2017, and the payment order was newly extended to ten years after the expiration of the statute of limitations on October 13, 2017, and the lawsuit of this case was instituted on October 13, 2017.

2. Conclusion, the plaintiff's claim shall be accepted on the ground of its reasoning.

The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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