1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the judgment is added as set forth in the following paragraph (2). Thus, it is acceptable in accordance with the main sentence

2. Additional determination

A. As to Defendant B’s assertion, the above Defendant asserted that the extinctive prescription of the Plaintiff’s claim has expired. The Plaintiff filed a lawsuit against D, etc. seeking reimbursement of KRW 144.1 million, and damages for delay thereof, and rendered a favorable judgment on November 25, 2009, which became final and conclusive on December 19, 2009. As seen earlier, the above assertion is without merit, since the claim for which judgment became final and conclusive is subject to ten (10) years of extinctive prescription (Article 165(1) of the Civil Act). The above Defendant asserts that “The Plaintiff shall file a lawsuit within one year from the date on which the obligee becomes aware of the cause of revocation, and within five (5) years from the date of the juristic act,” in violation of Article 406(2) of the Civil Act, and thus, it is unlawful.

However, the plaintiff's claim against the above defendant is based on the exercise of creditor's subrogation right, and Article 406 of the Civil Code provides for the creditor's subrogation right, so the above argument is without merit.

B. As to Defendant C’s assertion, the above Defendant asserts that the extinctive prescription of the Plaintiff’s claim has already expired with a commercial claim of five years. If a favorable judgment becomes final and conclusive by filing a lawsuit against a debtor seeking performance of said obligation, the beneficiary or subsequent purchaser, who is the other party to the revocation lawsuit, cannot contest the existence or scope of the obligee’s claim established as such (see Supreme Court Decision 2015Da53841, Sept. 21, 2017). As seen earlier, the Plaintiff’s claim is subject to ten (10) years of extinctive prescription with a final and conclusive claim, and the foregoing argument is without merit. (2) The Defendant brought the instant lawsuit against the Defendant in violation of Article 406(2) of the Civil Act.