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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 May 30, 2003, D Co., Ltd. (hereinafter “Nonindicted Company”) issued and delivered to the Defendant a promissory note with the issuer’s representative E, the face value of KRW 580 million, and the due date of payment as of June 30, 2004 (hereinafter “instant promissory note”). On June 24, 2004, when delay in the payment of the said promissory note with the Nonparty Company, the Defendant, on June 24, 2004, drafted a notarial deed to the effect that a notary public does not raise any objection even if he is subject to compulsory execution (No. 509, June 24, 2004; hereinafter “notarial deed of this case”).
On June 27, 2012, based on the original copy of the decision of recommending reconciliation with respect to the non-party company, the Plaintiff received a claim for deposit and fee claim against the non-party company, a third debtor of the non-party company (hereinafter “national bank”), and the E.V. (hereinafter “E.”) against the non-party company (hereinafter “E.V.”), as the Gwangju District Court 2012T-1055. On August 6, 2012, the Defendant received a claim attachment and collection order against the non-party company under the instant notarial deed against the non-party company as the third debtor of the non-party company, as the Gwangju District Court 2012T-12470.
B. On August 9, 2012, the Plaintiff and the Defendant participated in the distribution procedure of KRW 15,527,98, and interest 12,570,568 (hereinafter “instant distribution procedure”) in the amount of KRW 15,540,568 (hereinafter “instant distribution procedure”) as the creditor of the collection of the KSBE as to the KSBE. On the date of distribution in the instant distribution procedure, the Plaintiff and the Defendant participated in the distribution procedure of KRW 2,130,630 in the amount of KRW 13,40,758, each of the Defendant, the collection creditor, who is the collection creditor, as well as the Defendant’s distribution schedule of KRW 13,40,758 (hereinafter “instant distribution schedule”).
The plaintiff is against the defendant on the date of the above distribution.