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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff holds an executory claim (1,953,935,057 won and damages for delay) against Nonparty B in accordance with the Seoul High Court’s decision to recommend reconciliation in the claim for reimbursement of reimbursement amount (1,953,935,057 won and damages for delay).
B. As of July 26, 2017, the Defendant issued common shares of 68,560,000 shares. B, as of March 31, 2017, held 6,035,840 shares of the Defendant’s common shares (8.8%) as of March 31, 2017 (5,435,00 shares if C excludes 60,840 shares already established, and 5,435,00 shares (hereinafter “instant shares”) and the Defendant’s general meeting of shareholders decided to conduct cash dividends on March 24, 2017 in relation to the settlement of accounts in 2016.
C. The Plaintiff: (a) as the debtor; (b) as the third debtor; and (c) as the total amount of the above claims, the amount of KRW 3,022,29,154 was claimed; and (c) as the cash dividend for the shares to be paid to the Defendant as the Defendant’s shareholder, the Plaintiff applied for a collection order.
The above court issued a seizure and collection order (Seoul Western District Court Decision 2017TTTT 50631, March 3, 2017), and the above decision was served on February 10, 2017, and the above decision was served on the defendant on March 8, 2017.
B entered into a contract to establish a pledge contract with D as to the instant shares in order to secure the obligations of each of the loans on April 2, 2010 and July 29, 2011, with D, a common knowledge-based D Co., Ltd. (hereinafter “D”) (hereinafter “D”).
E. On February 19, 2014, interesting life insurance Co., Ltd. (hereinafter “interesting life”) received a loan from D to interesting life insurance company and a pledge on the instant shares, and notified B thereof.
In addition, the defendant's register of shareholders is registered as a pledgee with respect to the shares of this case as of February 19, 2014.
F. The interesting life, which became aware of the seizure and collection order of the above claim, is the collection order.