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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 Defendant filed an application for provisional attachment of a claim with the Plaintiff, a third obligor Co., Ltd. (hereinafter “C”), and a claim claim amounting to KRW 40,150,000 as a loan bond amount of KRW 4,01.5,00,00 with the Gangwon District Court’s Gangnam Branch Branch 2017Kadan596, and received the said court’s ruling of acceptance on October 13, 2017.
B. Next, the Defendant filed a lawsuit claiming a loan of KRW 62950,000 and the delayed payment damages with the above court in order to seek the payment of the loan of KRW 2017Da34895,00 and the above court rendered a favorable judgment (hereinafter “the first instance judgment”) on May 29, 2018 in consideration of the lack of recognition of the loan of KRW 25 million and the Plaintiff’s repayment of KRW 22,200,000 to the Defendant.
C. Both the Plaintiff and the Defendant were dissatisfied with the above judgment, and the appellate court was conducted as the said court 2018Na31238, but the said court dismissed both the Plaintiff and the Defendant’s appeal on December 18, 2018.
Based on the original copy of the judgment of the court of first instance, the Defendant: (a) applied for a seizure and collection order of KRW 42,222,785,00,00 from November 16, 2017 to December 21, 2018; (b) the execution cost of KRW 4,226,485,00 based on the above judgment of the court of first instance, as KRW 3,795,00,000,00,000,000, which was provisionally seized by Gangnam Branch Branch Branch Branch Branch of 2017Kadan596; and (c) applied for a seizure and collection order of KRW 2,072,785,00,000 from the above court; and (d) the said decision was served on C on December 24, 2018.
E. On the other hand, on January 25, 2018, C deposited KRW 67150,000 with the deposited person as the defendant in the Chuncheon District Court No. 80 in 2018, and accordingly, the defendant received as the seizure authority the distribution of KRW 42,22,785 in the distribution procedure conducted.
[Reasons for Recognition] A party.