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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 POF, Inc., Ltd. (hereinafter “SPOF”) continued to engage in the transaction of supplying goods to the Defendant. The price of goods that the Defendant is obliged to pay to the POF by December 31, 2015 reaches KRW 79,706,115.
B. On September 24, 2015, the Plaintiff: (a) issued a provisional attachment order with the Gwangju District Court 2015Kadan3777 on September 24, 2015 on the claim claim amounting to KRW 23,483,378 as to the service cost of the Party D; and (b) served the Defendant on September 25, 2015 with the provisional attachment order.
B. On November 12, 2015, the Plaintiff filed a lawsuit with the Gwangju District Court No. 2015Kadan40109 against the Seoil, and was sentenced to the judgment on November 12, 2015 that “The Plaintiff shall pay to the Plaintiff KRW 23,483,378 and delay damages therefor,” and the judgment on December 3, 2015 became final and conclusive.
C. The Plaintiff, based on the original copy of the above judgment with respect to the west A, received a provisional seizure and a collection order against KRW 23,483,378, among the claims for the purchase of goods against the Defendant of the west B, on the basis of the original copy of the above judgment, to transfer the provisional seizure to the original seizure. The collection order was served on the Defendant on December 10, 2015.
[Ground of recognition] Unsatisfy, Gap 1-4 evidence, Eul 1-9 evidence, the purport of the whole pleadings
2. A claim for the payment of goods against the Defendant on a short-line printing date is equivalent to KRW 79,706,115 until December 31, 2015, and the Defendant, a collection obligee, is obligated to pay KRW 23,483,378 out of the above amount to the Plaintiff, a collection obligee.
However, according to the overall purport of evidence Nos. 1 to 8 and the argument, the defendant accepted the request from the Slova on May 15, 2015 and decided to lend KRW 200 million to the Slovas. On July 30, 2015, the agreement was due, 8% per annum, overdue interest rate per annum, 19% per annum, and Slovas.