Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 18, 2015, F issued to the Plaintiff a promissory note, the face value of which is KRW 55,99 million (hereinafter “instant promissory note”). On September 2, 2015, F, on the purport that, in the event that the payment of the instant promissory note to the Plaintiff is delayed, a notary public would not raise any objection even if he/she is immediately subject to compulsory execution (No. 541 of the Certificate No. 2015).
B. On September 15, 2015, the Plaintiff filed an application for attachment and assignment order against F with respect to the instant promissory note gold claim (the claimed amount 5,90,000 won) (U.S. District Court 2015TTTTT18237). On September 15, 2015, the said court issued an attachment and assignment order with respect to the FF’s “TG GW-291 Dong 2805, 5,900,000,000 won out of the claims to return the lease deposit,” and the said order reached the garnishee on September 18, 2015.
(hereinafter referred to as the “instant assignment order”) C.
The F died on April 4, 2017, and the Defendants, as the wife, jointly inherited the property of the deceased F (hereinafter referred to as “the deceased”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 3 and 7, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion argues to the effect that, around August 31, 2015, the Plaintiff lent KRW 55.9 million to the Deceased, the Defendants, the deceased’s heir, are liable to repay the said loan to the Plaintiff according to the statutory inheritance ratio.
B. (1) The main text of Article 231 of the Civil Execution Act provides, “Where an assignment order has become final and conclusive, the obligor shall be deemed to have discharged his/her obligation at the time when the assignment order was served on the garnishee.” This is equivalent to the execution obligee’s acquisition of exclusive right to the entire obligation by an assignment order, and the execution bond is an execution bond as an assignment order.