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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant B, on April 29, 2008, drafted a certificate of borrowing KRW 300 million from K to April 29, 2010, with the interest rate of KRW 1.2% on April 29, 2010 (i.e., the preparation of the loan certificate by Defendant B, etc.) (i., the loan claim by K to Defendant B on this basis, refers to the “instant claim”).
(2) On April 29, 2008, Defendant B entered into a mortgage agreement with K as to the maximum debt amount of KRW 300 million with respect to Bapo-si and six other real estate owned by Defendant B, and on April 30, 2008, the registration of establishment of a mortgage under the name of K was completed on April 30, 2008 by the Gwangju District Court No. 22455.
3) On July 20, 2015, K received dividends of KRW 96,105,738 as creditors of the foregoing collateral security (right to collateral security) on each of the above real estate in Gwangju District Court M real estate auction, N (Dupl). (B) K applied for provisional attachment of claims against Defendant B’s O in order to preserve the instant claim (No. 2011Kahap139), and on May 16, 201, K issued a provisional attachment order on May 18, 201, and served the garnishee on May 27, 2011 to Defendant B, respectively.
2) On October 24, 2012, Defendant B transferred the part of the maximum debt amount of KRW 900,000,000,000,000 to O, among the claims against the maximum debt amount of KRW 500,000,000,000,000,000,000 to Defendant C, and the part of KRW 270,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 to Defendant B, respectively, (hereinafter “each of the instant contracts on the transfer of claims against collateral”).
(3) Defendant F, G, C, E, and D received dividends in the same amount as shown in attached Table 2 as each of the creditors of the right to collateral security, on June 25, 2015, in the case of the H real estate auction, I, and J (Dual) with respect to the O-owned real estate.
C. On September 15, 2015, the Plaintiff entered into an assignment contract between the Plaintiff and K with respect to the assignment of claims.