beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings in each of the statements in Gap evidence No. 1 through 3 (including the serial number) of collection deposit claims, the plaintiff is entitled to obtain from a notary public the attachment and collection order (the amount 110,000,000 won for the claim No. 20,000 won for the Seoul Eastern District Court No. 2014, Mar. 6, 2014; and the fact that the above order was served on the defendant on March 11, 2014, based on an executory deed drawn up by Law Firm Cheongwon District Court No. 2014, Mar. 6, 2014, which he/she holds against the defendant.
Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the collection amount of KRW 28,000,000 and damages for delay.
2. Judgment on the defendant's defense
A. The defendant's assertion that the defendant paid 20,000,000 won to C, who is the other collection creditor of B, and the remaining debt amount of KRW 729,936, and the plaintiff's claim for the collection against the defendant was extinguished by the execution deposit of KRW 729,936.
B. The following facts can be acknowledged in full view of each statement of evidence Nos. 1 to 5 of the facts acknowledged as follows.
1) Based on the executory exemplification of a notarial deed drawn up by C in December 14, 2011, which was executed by a notary public in accordance with Act No. 2289, C, as to ① the Suwon District Court 2014TTTT3297 on February 14, 2014; ② the entire amount of claims based on the determination of the Seoul East Eastern District Court 2014TTTTTT130 on the assignment order against B, as to the assignment order of claims KRW 20,00,000 (the requested amount shall be KRW 60,356,164; ② the above order was served on the Defendant on February 18, 2014; ② the Suwon District Court 2014TTTTT2096 and the assignment order of claims against B, the entire amount of claims seized and assignment order within the deadline of 200,000,000,000 won.