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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 July 11, 2014, the Plaintiff filed a lawsuit claiming a loan against Nonparty D with the Seoul Central District Court (2014Da149682). On June 11, 2015, the said court rendered a judgment that “D shall pay to the Plaintiff the amount equivalent to KRW 94,570,000 and the amount equivalent to 15% per annum from September 15, 2014 to the date of full payment,” and the said judgment became final and conclusive on June 30, 2015.
B. On July 29, 2014, the Plaintiff filed an application for provisional attachment against D’s monthly wage and retirement allowance claim against D and C obligor Seoul Qat, Seoul Central District Court Decision 2014Kadan47581, which was decided on August 18, 2014 by the above court, and served on Seoul Qatro, a third debtor, on August 22, 2014.
C. On April 3, 2010, the Defendant prepared a notarial deed of promissory notes issued from D on August 28, 2014, as the date of issuance by D, No. 425, a deed of promissory notes drawn up by D on April 3, 2010, which was written by a notary public as the No. 425, a deed of promissory notes drawn up from D on a date of payment.
(hereinafter referred to as the “notarial deed of this case”).
On September 16, 2014, the defendant filed an application for the seizure and collection order of the defendant against the debtor D and the third debtor Seoul Meart for the above notarial deed amounting to KRW 165,00,000,000, and filed an application for the seizure and collection order of the claim under the above notarial deed with this court 2014TT15196. The above court received the seizure and collection order of the claim from the above court on September 18, 2014, and served the third debtor Seoul Meart on September 23, 2014.
E. On October 27, 2015, with respect to the preparation of a distribution schedule and its objection, the court made a distribution schedule and the date of distribution (79,268,606 won for the amount to be distributed, 20,750 won for the enforcement cost, 79,247,856 won for the amount to be actually distributed, and 13,396,796 won for the amount of claim 94,60,000 won for the person holding the provisional attachment (2014Kadan47581) and 2, Nonparty E.