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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. One Capital Co., Ltd. (hereinafter “one Capital”) was rendered a favorable judgment from the Suwon District Court on February 17, 2009 with respect to the lease fee claim for B (U.S. District Court 2008Kadan100660) as follows, and the judgment became final and conclusive on March 11, 2009.
(B) The amount calculated by the ratio of 25% per annum from May 22, 2008 to the date of complete payment to KRW 285,385,551 to the Plaintiff and the amount calculated by the ratio of 25% per annum from May 22, 2008 to the date of full payment.
B. From April 6, 2004 to October 8, 2010, the Defendant lent a total of KRW 181,570,000 to B via an account in the name of the Defendant and his spouse C, and received reimbursement of KRW 23,40,000 among them.
C. B, on February 5, 2013, at a face value of KRW 95,00,000, the addressee issued a copy of a promissory note with the Defendant, the place of issuance, the place of payment, the place of payment, and the date of payment, each Daejeon Metropolitan City. On February 6, 2013, a notarial deed (No. 1725, 2013, a certificate of preparation of a notary office; hereinafter “notarial deed of this case”) to the effect that the Defendant recognizes the compulsory execution against the said promissory note.
On February 21, 2013, the Defendant was issued a claim attachment and assignment order (2013TTTT 2011) with the claim amounting to KRW 95,00,000 on the basis of the instant notarial deed, the debtor B and the third debtor as a medical corporation, and the medical corporation, and the order reached B on March 7, 2013.
E. On May 30, 2014, the Plaintiff acquired the instant claim from one Capital, and on December 22, 2014, issued a collection order (2014TTTT 17354) based on the above judgment, from the Goyang Branch Branch of the District Court, the amount claimed was KRW 209,328,339 (one installment) based on the above judgment, and the claim attachment and collection order (2014TT 17354) with the debtor B and third obligor.
F. Dextrins are ctrinsctrins in accordance with the claim attachment and assignment order (No. 2013TY) rendered by the Cheong Government District Court 2011. From June 2013 to May 2015.