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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 Plaintiff is deemed to have claimed KRW 79,703,882 based on the original copy of an order for payment with executory force issued by the Seoul Eastern District Court 2016 next to 2279 with respect to C (hereinafter “C”), and the Seoul Eastern District Court 2014dahap11602 (principal lawsuit), 2014Gahap1619 (Counterclaim), Seoul High Court 2015Na25701 (principal lawsuit), Seoul High Court 2015Na25718 (Counterclaim), Supreme Court 2016Da53480 (principal lawsuit), Supreme Court 2016Da53497 (Counterclaim), and hereinafter “related litigation”.
Of them, on February 7, 2017, Seoul Eastern District Court 2017TTTT 50732 (hereinafter “instant seizure and assignment order”) was issued with respect to the amount up to the claim amount. The instant seizure and assignment order was served on February 17, 2017 on the Defendant, and on May 16, 2017, respectively, on May 24, 2017.
B. On the other hand, on August 18, 2015, in a related lawsuit between the Defendant and C, the judgment of the first instance court was rendered that “C shall pay the Defendant KRW 66,942,00 and the delay damages therefor, and C’s counterclaim claim is dismissed.” The judgment was rendered from the second instance to November 18, 2016 that “the Defendant shall pay C KRW 258,800,000 and the delay damages therefor,” which was pending in the final appeal on January 4, 2017, the Defendant and C agreed with the following contents as to the relevant lawsuit:
(hereinafter “instant agreement”). The entire amount of claims and obligations that should be given and received between the two parties in accordance with the relevant litigation decisions are as follows: (1) the Defendant pays 110,000,000 won to C in two installments; and (2) The remainder amount is to be adjusted by transferring the Defendant’s claim corresponding to the above amount among the Defendant’s claim for damages against D to C.
With the transfer of the above bonds and the payment of money, all obligations and obligations under the judgment of the relevant lawsuit shall be extinguished by reorganization, and compulsory execution or legal issues shall not be raised.
(c).