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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. The head of the non-party corporation is the person who carries out the business of constructing and selling apartment and commercial buildings on the surface of 16 lots, including Mandong-gu, Mandong-gu and Mandong-gu (hereinafter “Mandong-gu”) (hereinafter “instant business”).
B. On December 10, 2015, the further marc entered into an agency contract with the Defendant on behalf of the head of the said apartment and commercial building with the content that the Defendant would receive the sales price from the buyer of the said apartment and commercial building and execute the funds necessary for the instant project in the sales price, and pay the sales price to the buyer of the said apartment and commercial building and manage the sales price, such as paying the sales price, etc. (hereinafter “instant contract”).
C. On July 15, 2016, the Plaintiff received a seizure and collection order on the claim amounting to KRW 25,00,000,000, which a notary public had against the Defendant under the instant contract based on the authentic copy of a promissory note with executory power under No. 361, which was prepared by the Suwon District Court in Suwon District Court in 2016 (No. 362, No. 363, Sept. 29, 2016), and issued a seizure and collection order on the claim amounting to KRW 25,00,00,00, which was held against the Defendant under the instant contract by a notary public, based on the authentic copy of a certified promissory note with executory power under subparagraph 364, No. 364, Dec. 29, 2016, which was prepared by the same court, and issued a seizure and collection order on the claim amounting to KRW 445,00,000,000 against the Defendant under the instant contract.
(2016TA 16102) / [Grounds for recognition] A, entry of evidence Nos. 1 and 2, the purport of the whole pleadings
2. With respect to the plaintiff's claim for the payment of KRW 700,000,00, the defendant, according to the contract of this case, when the defendant received the sale price from the buyer of the project of this case, he shall first disburse all the expenses necessary for the project of this case, and shall pay the further marc the project execution profit corresponding to the claim subject to the seizure and collection order of this case, as seen above, in the above basic facts, only if there is any remainder after the completion of the project of this case.