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The judgment below is reversed and the case is remanded to Seoul High Court.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. The beneficiary or subsequent purchaser, who is the other party to the revocation suit, cannot dispute the existence or scope of the established creditor's claim if the creditor files a lawsuit against the debtor on the ground of appeal by the defendant as to the existence of the secured creditor's claim and the judgment in favor becomes final and conclusive.
(See Supreme Court Decision 2003Da19572 Decided July 11, 2003). According to records, in this case, Plaintiff A and B claimed the amount of goods and promissory notes against Co-Defendant F Co-Defendant F Co-Defendant F Co., Ltd. (hereinafter “F”), and received a judgment in the first instance trial, and the F did not appeal, thereby becoming final and conclusive.
Examining these facts in light of the aforementioned legal principles, the Defendant cannot contest the existence of a promissory note claim against Plaintiff A and BF, on the ground that Plaintiff A and B were not holding a promissory note.
Therefore, without examining whether the above plaintiffs' possession of promissory notes, the court below acknowledged all of the above promissory notes claims as preserved claims of obligee's right of revocation.
Even if such judgment of the court below is not erroneous in the misapprehension of legal principles as to the requirements for establishment of a bill of exchange or due to failure to exhaust all necessary deliberations, etc., contrary to what is alleged in the grounds of appeal.
2. As to the Defendant’s ground of appeal on the scope of preserved claims
A. The claim protected by the obligee’s right of revocation should, in principle, have occurred before the act that can be viewed as a fraudulent act was committed. However, the legal relationship that has already been formed at the time of the fraudulent act is the basis for the establishment of the claim.