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1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On October 7, 2013, the Plaintiffs filed an application for the payment order based on joint tort, such as fraud, with the Defendant D, etc. as Seoul Northern District Court 2013 tea551 (Plaintiff A. 40 million won, Plaintiff B. 100 million won) with the Defendant as the designated party A, and the Defendant filed an application for the payment order based on the amount of the claim as KRW 500 million (Plaintiff A. 40 million, Plaintiff B. 100 million). On October 22, 2013, the said court held that “D et al. debtors jointly and severally pay to the Plaintiffs the amount of KRW 50 million and the amount calculated at the rate of 20% per annum from the day following the delivery of the original copy of the payment order to the day of full payment” (hereinafter “instant payment order”).
A) The instant payment order was issued. The instant payment order was served to D on October 28, 2013, and became final and conclusive on November 12, 2013.2) On December 5, 2013, the Plaintiffs, based on the instant payment order, filed an application for a seizure and collection order against D’s Defendant for a seizure and collection order of KRW 300 million against D, with the obligor’s claim return of KRW 300 million against D and the claim amount of KRW 510,136,986 (Plaintiff A408,109,589, Plaintiff B102,027,397) as the Defendant’s claim return of unjust enrichment claim against D, and the said court rendered the Defendant the seizure and collection order of KRW 200 million against D’s claim return of KRW 300,000 to the Defendant and the Defendant’s seizure and seizure right of KRW 130,201.
B. The Defendant married on February 8, 2010 with D and D (1). The Defendant was detained due to the suspected crime of fraud, etc. around May 2011 and filed a claim for divorce against D on October 27, 201, where D had been pending a criminal trial, and the said court rendered a judgment on May 4, 2012 that “the Defendant and D shall divorce” was “the said judgment became final and conclusive on May 25, 2012.2) Meanwhile, D shall be subject to criminal fraud in the said criminal trial.