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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 November 12, 2012, the Plaintiff issued a collection order as to the amount of the claim for the amount of KRW 400 million against Korea-U.S.C. Co., Ltd. (hereinafter “Korea-U.S. Co., Ltd.”) as the Seoul Eastern District Court Decision 2012Da76787 deposit return lawsuit (hereinafter “the instant civil lawsuit”) by a notary public, based on the executory exemplification of a notarial deed with the executory power of No. 373, 2012, as to the non-party’s assets trust and promotion savings bank Co., Ltd. (hereinafter “third parties”), based on the copy of a notarial deed with the executory power of No. 373, 2012, the Seoul East Eastern District Court Decision 2012Da7787 deposit return lawsuit (hereinafter “the instant civil lawsuit”).
The above order of seizure and collection was served on the third debtor at that time.
In addition, on April 4, 2013, the Plaintiff: (a) as Seoul Eastern District Court Decision 2013TTT4953, the amount claimed for the claim of KRW 100 million against the non-party company; (b) based on the authentic copy of an executory deed No. 982, which issued by a notary public, issued a seizure and collection order as to the winning money in the same civil lawsuit against the non-party company's third party debtors; and (c) the above decision was served on the third party debtors around that time.
B. On April 26, 2013, the Defendant was delegated with the authority and authority to notify the transfer of claims for KRW 450 million out of the judgment amount in winning the instant civil lawsuit by Nonparty Company, and on October 14, 2013, notified the garnishee of the assignment of claims by means of content-certified mail.
C. After that, the Defendant, as Seoul Southern District Court Decision 2013Kadan71374 on December 9, 2013, issued a provisional attachment order on the claim against the non-party company as to the non-party company's claim amounting to KRW 450 million among the third debtors, against the non-party company's claim amounting to KRW 450 million.