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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff filed a lawsuit against the Defendant C with the Daegu District Court 2009Gadan32772, and on March 12, 2010, the above court rendered a judgment to the effect that on June 18, 2002 to April 30, 2009, Defendant C paid to the Plaintiff the amount of KRW 27 million with interest of KRW 5% per annum from June 18, 2002 to April 30, and 20% per annum from the next day to the date of full payment (hereinafter “instant judgment”), and the above judgment became final and conclusive around that time.
B. Based on the authentic copy of the judgment with executory power in the above loan case, the Plaintiff filed an application for attachment order of KRW 53,547,030 (the sum of KRW 27,000,000 per annum from June 18, 2002 to April 30, 2009, calculated by the rate of 5% per annum from June 18, 2002, KRW 272,465, and KRW 17,265,205,00 per annum from May 1, 2009 to July 11, 2012, and the Plaintiff filed an application for attachment order of KRW 15,00,00,00, which Defendant C had against the Defendant Incorporated Company, and the lower court’s assistant official accepted the above application for attachment order (hereinafter “instant order”).
C. On July 26, 2012, the instant order of seizure was served on Defendant B, and the Plaintiff applied for the sale order for the shares seized under the instant order of seizure under the Daegu District Court Branch Decision 2012TTTTT Branch 2012TTTN 6638, and on November 5, 2012, the said court rendered a decision to order the sale of shares in lieu of the collection of shares seized under the instant order of seizure (hereinafter “instant order of sale”).
According to the instant sale order, the execution of the sale order was carried out at the seat of Defendant B Co., Ltd. on May 8, 2013 by the Daegu District Court Branch Branching 2013No. 39, but the office text was set aside, etc.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, and Eul evidence 1.