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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) The Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) shall be the bankruptcy trustee of Gwangju District Mutual Savings and Finance Corporation (hereinafter “Korea Deposit Insurance Corporation”).
(2) On July 1, 2005, the Seoul District Court rendered a judgment against Nonparty B and C to the effect that “B and C jointly pay to the Plaintiff KRW 441,067,816 and delay damages therefrom,” and the above judgment became final and conclusive on August 17, 2005, the Korea Deposit Insurance Corporation received on June 21, 2007 from the foregoing judgment as to the payment claim against the beneficiary Construction Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”), under the Gwangju District Court’s Maritime Branch Branch Decision 2007TT392, the name was changed to the principle among Co., Ltd.) and received a collection order (the debtor B, the garnishee Co., Ltd., the claim amount, KRW 909, KRW 108,666) and the above collection order was served on Nonparty Co., Ltd. on July 1, 2007.
3) On November 21, 2007, the non-party company upon receipt of the above collection order sent to the Korea Deposit Insurance Corporation a letter-post certificate stating that "the defendant has paid 1/2 of B's wages to the defendant from February 2, 2005 upon receipt of the Seoul District Court 2005TTTT order with respect to the payment claim under B as the Seoul District Court 2005TTTT57, and the execution amount is KRW 74,745,205, and the execution amount is KRW 40,058,570, KRW 34,686,635, as of November 207, the repayment amount remains at KRW 40,058,570, and was remaining at KRW 34,686,635, and the plaintiff succeeded to the status of the creditor of the above execution order.
B. Defendant and B’s preparation of authentic deeds at the law firm office located in Gwangju on January 18, 2005, and the Defendant’s 65,000,000 won on January 16, 2004 to B as a notary public at the law firm office in Gwangju on January 18, 2005, and the interest rate on January 26, 2015.