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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff’s claim acquisition 1) Nonparty Korea Development Bank (hereinafter “Korea Development Bank”)
() On October 20, 2010, Nonparty Company lent KRW 2.3 billion to Nonparty Company and KRW 3.7 billion on May 26, 2011. However, Nonparty Company delayed payment of principal and interest from November 14, 2011. (2) On June 26, 2012, Nonparty Bank transferred Nonparty Company’s loan claims against Nonparty Company and notified Nonparty Company of the said assignment of claims on the 28th of the same month.
3) As of August 20, 2012, the sum of the principal and interest of the Plaintiff’s loan claims against the Nonparty Company is as follows. (b) On September 26, 201, Nonparty Company: (a) issued each of the promissory notes with a face value of KRW 370,000,000 at face value to Defendant A; (b) drafted a notarial deed stating an intention of recognition of compulsory execution as to each of the said promissory notes on the same day after the issuance of each of the promissory notes with a face value of KRW 370,000 at face value; (c) KRW 340,000,000 at face value to the Defendant Company; (d) the payee Company; (e) the place of issuance; (e) the place of payment; and (e) the place of payment; and (e) each of the said promissory notes with payment at sight (hereinafter “instant promissory notes”).
2) Meanwhile, the non-party company is the non-party Samsung F&M Ltd. (hereinafter “non-party Samsung F&M”)
(3) At the time of the issuance of the instant promissory note, the non-party company filed an application with the non-party company on October 4, 201 and the non-party company on October 5, 201 for the attachment and assignment order as to the above claim for the above claim for the price of the goods (U.S. District Court Decision 2011TTTT 26556 and Suwon District Court Decision 201TT 26656), and each of the above claims attachment and assignment order was served on October 7, 2010 and October 10, 2010, respectively.