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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 as the basis;
A. On April 25, 2014, the Plaintiff: (a) obtained a provisional attachment order (hereinafter “instant provisional attachment order”) against the Defendant on the “money equivalent to the above claim amount among the lease deposit claims (hereinafter “instant lease agreement”) under the lease agreement on the first floor among the three-story neighborhood living facilities buildings in Seongbuk-gu, Sungnam-si, D&D reinforced concrete building (hereinafter “the instant lease agreement”); and (b) the said provisional attachment order was served on the Defendant around April 29, 2014.
B. On June 11, 2015, the Plaintiff filed a loan claim suit against C who did not return the loans as stated in the foregoing paragraph (a) with this Court Decision 2014Da5547, and served the original copy of the decision to adjust the following contents, and the said decision (hereinafter “instant compulsory adjustment decision”) became final and conclusive.
The defendant shall pay KRW 68,00,000 to the plaintiff, and 30,000,000 among them shall be paid until August 31, 2015, and the remainder until December 31, 2015. If the defendant fails to pay the money set within the above payment date, he/she shall lose the benefit of the deadline and immediately repay the unpaid amount, and shall pay the unpaid amount in addition to delay damages calculated at the rate of 24% per annum from the date following the payment date to the date of full payment.
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C. Based on the instant compulsory adjustment order, the Plaintiff received an order for seizure and assignment of the instant claim under this Court 2016TT2951 and issued an order for seizure and assignment (hereinafter “instant seizure and assignment order”). The instant seizure and assignment order was served on October 31, 2016 to the Defendant, and on November 29, 2016 to C, respectively, and became final and conclusive around December 7, 2016.
However, the attachment and assignment order of this case is the content that the provisional attachment of this case is transferred to the provisional attachment of this case.