The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On January 7, 2016, the Plaintiff (hereinafter “foreign company”) granted a loan of KRW 51,279,400 based on the No. 11 of the Monetary Loan Agreement (hereinafter “No. 11”, “No. 11 of the No. 2016, Jan. 7, 2016 to D Co., Ltd. (hereinafter “No. 1”) (a loan: lending date: July 9, 2015; the date of repayment and the method of repayment: 30 million won until January 29, 2016; 4,25,80 won each month from February 5, 2016 to June 5, 2016; interest rate of KRW 10% each year).

According to the notarial deed of this case, if the non-party company delays the repayment of the debt, the non-party company has lost its interest on the whole amount of the debt immediately, and the non-party company immediately recognized that there is no objection even if compulsory execution is enforced.

B. On July 16, 2016, the Plaintiff seized the instant notarial deed as its executive title, corporeal movables, such as a variety of houses located in the office of the non-party company, as the Seoul Northern District Court F, as the non-party company did not properly implement the repayment agreement.

The list of corporeal movables seized at the time is as shown in the attached Table 1, and the smartphone terminal hand room (hereinafter the seized smartphone terminal "subject matter of execution of this case") was included.

C. On August 11, 2016, the Defendants filed a lawsuit against the Plaintiff for objection against a third party for the purpose of excluding enforcement if the Plaintiff had conducted compulsory execution, not the non-party company’s ownership but the Defendants. On September 1, 2016, the Defendants received a decision to suspend compulsory execution (Seoul Northern District Court 2016Kadan233) (Seoul Northern District Court 2016. The subject matter of execution in this case was removed from the state where the attachment indication was removed by the non-party company during the period of suspension of execution and its whereabouts were unknown.

The first instance court (Seoul Northern District Court 2016Kadan133567) in a lawsuit filed by the Defendants against a third party on April 13, 2018, on the grounds that “it is difficult to recognize the identity of the corporeal movables for which the Defendants sought exclusion from enforcement and the subject matter of enforcement of the instant case.”