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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. On September 26, 2011, the DNA Engineering Co., Ltd. (hereinafter “DC Engineering”) issued to the Defendant a promissory note, which is “340,000,000 won in face value, the addressee, the Defendant, and the payment date,” and a notary public, who expressed his/her intent to recognize that there is no objection even if he/she is subject to compulsory execution against the said promissory note, drafted a notarial deed of promissory note (hereinafter “notarial deed of this case”).
B. On October 7, 2011, the Defendant was issued an assignment order and assignment order (U.S. District Court 201TTTTT2656, hereinafter “transfer order”) with the title of execution of the instant No. notarial deed as the title of execution, which is “the obligor DNA engineering, the third obligor Samsung F&M Ltd., the claim amount of KRW 340,00,000,000,” and the said order was served on Samsung F&M Co., Ltd. on October 10, 201 and became final and conclusive around that time.
C. On November 15, 2011, the Defendant received an assignment order of claim attachment and assignment order (U.S. District Court No. 2011TTT 2999, hereinafter “order for Assignment Order”) which is the obligor’s DNA engineering, third obligor Samsung Electronic Co., Ltd., and claim amount of KRW 340,000,00,00, with the title of execution of the instant No. notarial deed as of November 15, 201, and the said order was served to Samsung Electronic Co., Ltd. on November 21, 201 and confirmed around that time.
The Plaintiff filed an application with the Suwon District Court for a payment order against DC Engineering with the purport that “di CC Engineering shall pay to the Plaintiff 57,395,497 won and the amount calculated by the rate of 20% per annum from the next day of the delivery of the payment order for DC Engineering to the day of full payment.” On November 15, 2011, the said court issued the payment order (hereinafter “instant payment order”) and the said payment order was finalized on December 8, 201.
E. The Defendant, on December 12, 201, has the title of execution of the notarial deed of this case as the obligor.