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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant: (a) filed a claim against D, etc. and filed a final and conclusive payment order (hereinafter “each of the instant payment orders”) with D as executive title; and (b) received a claim attachment and collection order under 2016TTT No. 496 as to the dividend payment claim in the Chuncheon District Court’s first-aid case of real estate auction in which D and the Republic of Korea were the third debtor; and (c) participated in the distribution procedure (hereinafter “the distribution procedure of this case”).
Da and F jointly pay to the Defendant the amount of KRW 20,00,000 and the amount of KRW 36% per annum from January 21, 2013 to the date of full payment.
C 2014j23: D shall pay to the Defendant 21,380,821 won and 24% interest per annum from May 8, 2013 to the date of full payment.
B. In the instant distribution procedure, the executing court drafted on March 13, 2017 the same distribution schedule as indicated in the attached Form (hereinafter “instant distribution schedule”).
C. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 7,436,777 out of the amount of distribution to the Defendant, and filed the instant lawsuit on March 15, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. The plaintiff's assertion and judgment first asserted that since the defendant's claim against D (hereinafter "claim of this case") indicated in each payment order of this case had never existed, the plaintiff's claim of this case should be corrected as stated in the purport of the claim.
However, it is recognized that the claim of this case was occurred in full view of the statements in Eul evidence Nos. 2 and 3 and witness D's testimony, and the purport of the whole pleadings, so the plaintiff's above assertion is not acceptable.
Next, the Plaintiff is Gangwon-gun G.