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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. On August 9, 2010, C Co., Ltd. (hereinafter “C”) with the Defendant and the Defendant’s representative director issued one copy of the Promissory Notes (hereinafter “the Promissory Notes”) with D’s face value of KRW 750,000,000 and the due date of December 31, 2010, and a notary public, which recognized the compulsory execution of the Promissory Notes (hereinafter “the Promissory Notes”) with respect to the instant amount, prepared and executed a promissory Notes No. 23, 2010 (hereinafter “the Promissory Notes”).
B. On January 18, 2011, the Plaintiff received from D a claim for a promissory note amounting to KRW 750,000,000 from D based on the instant notarial deed, accompanied by a claim transfer agreement and a notice of claim transfer. On February 21, 2011, the Plaintiff received an execution clause to succeed to the instant notarial deed.
C. On February 1, 2012, the Plaintiff: (a) issued a claim attachment and collection order as to KRW 750,000,000, which C will receive from a third party obligor, with the title of execution of the instant authentic deed as the title of execution; and (b) as to KRW 750,00,000,000, which C will receive from a third party obligor, seven card companies, such as the obligor and F Co., Ltd. as the third party obligor.
On March 2, 2012, the Plaintiff received two copies of the execution clause to succeed to the instant notarial deed. On March 6, 2012, the Plaintiff received a seizure and collection order as to the total amount of KRW 750,000,000,00, which C shall receive from the third debtor, for three card holders, including the debtor and F Co., Ltd., as the third party obligor, with the title of execution of the instant notarial deed as the title.
E. The Defendant settled the drinking value, etc. of the entertainment tavern “G”, which was operated by C, from February 1, 2012 to May 1, 2012, and settled it by using an I credit card device operated by H, other than a credit card device established in the name of C. The Defendant, by means of the foregoing method, concealed credit card sales claims worth a total of KRW 161,265,000, and harming the Plaintiff and other creditorsJ.