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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 Plaintiff’s claim 1) filed a payment order against C and D (U.S. District Court Decision 2014Da3340, Oct. 6, 2014) against C and D, and the Plaintiff received a payment order stating that “C and D jointly and severally pay to the Plaintiff the amount of KRW 66,820,000 and the interest rate of KRW 24% per annum from April 1, 2014 to the date of full payment,” and the above payment order was finalized around that time. However, C filed a lawsuit of objection against the above payment order (U.S. District Court Decision 2016Da9007) but C rejected the above court’s claim.
Accordingly, C appealed. On May 31, 2018, the appellate court (U.S. District Court 2017Na60642) stated in the judgment of the first instance court on May 31, 2018, changed the following: “The compulsory execution based on the above payment order shall not be permitted only to the part exceeding the amount calculated at the rate of 24% per annum from April 1, 2014 to the date of full payment.” It seems clear that the judgment of the appellate court is a 61,320,000 won and its “61,320,000 won” as stated in Article 1(a) of the judgment of the above case.
A. The Court rendered a ruling.
Accordingly, C filed an appeal (Supreme Court Decision 2018Da249377), but was dismissed on September 4, 2018.
B. C’s disposal disposition 1) On June 21, 2017, C entered into a contract with the Defendant, the wife, and the Defendant to donate C’s share 59/747 to the Defendant among the real estate listed in the attached list No. 1, and the real estate listed in the attached list No. 2, and on the same day, C completed the registration of ownership transfer as to the above real estate as the receipt of the Suwon District Court U.S. Register Office No. 113942. 2) On June 21, 2017.
C. The C’s self-sufficiency amounting to KRW 654,626,00 as of June 21, 2017, the active property amounting to KRW 654,626,00, and the passive property amounting to KRW 559,490,713, and was not in excess of its obligation
C was liable for 61,650,500 won to E, but all of June 21, 2017.