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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. On April 17, 2013, at a law office, a notary public appointed on March 27, 2009, the Defendant lent KRW 25,000,000 to C Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) on a yearly interest rate of 12% and the due date of repayment on April 24, 2013. As to the above loan, the Non-Party Co., Ltd, written an authentic deed No. 137 of the 2013 Law Firm No. 137 (hereinafter “instant authentic deed”), stating the content that the Non-Party Co., Ltd. recognizes compulsory execution, and received it by the Defendant.
B. Based on the instant notarial deed, the Defendant applied for the seizure of the investment certificates held by the Nonparty Company to the Ulsan District Court 2013TTT 5296, and received an order to seize the investment certificates on May 6, 2013 from the above court. Based on the seizure order of the said investment certificates, the Defendant applied for the sale of the investment certificates under the above court 2013TT 7178 and received an order to sell the investment certificates on July 23, 2013 from the above court.
C. Before the Defendant’s application for the seizure of the investment certificates of the non-party company, the Plaintiff filed an application for the seizure of the said investment certificates with the U.S. District Court 2010TTT396, Apr. 9, 2010. The above court issued an order for the seizure of the investment certificates, and thereafter filed an application for the sale of the investment certificates with the above court 2013TT445 and received an order for the sale of the investment certificates on June 25, 2013.
Pursuant to the order to sell each of the above investment certificates, the execution officer commenced the distribution procedure to the above court B against the 20,770,000 won of the price deposited by the non-party company after selling the investment certificates of the non-party company. On March 6, 2014, the above court prepared a distribution schedule to distribute the whole amount of KRW 20,797,50 to the defendant by deducting the execution expenses from the above deposit and interest thereon on the date of distribution.
E. The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against the amount distributed to the Defendant, and filed the instant lawsuit on March 11, 2014.
[Ground of recognition] Evidence A Nos. 1, 2, and 5 respectively.