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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
A provisional attachment, assignment of claims, and distribution of dividends, Inc. (hereinafter “non-party company”)’s claim for the price of goods against the Plaintiff (hereinafter “instant claim for the price of goods”) was provisionally seized as follows. On June 11, 2013, the third debtor (effective date) case number (the Busan District Court) 28,512,50 on June 11, 2013, the delivery date of the provisional attachment is 2013Kadan5435, Jun. 13, 2013, the company either notified the Defendant of the price of goods 235,698,485 2013Kadan 2085 Kadan 2013 on June 26, 2013 or the total amount to be transferred to the Defendant on June 13, 2013, the company notified the Plaintiff on June 2013, 2013, 203Kadan 2060,106Kadan 106835, 1364.7.206.
(2) On July 16, 2013, the Plaintiff consented to the assignment of the instant goods at the request of a non-party company, although there was a special agreement between the non-party company and the Plaintiff regarding the instant goods-price claim.
From August 5, 2013 to October 30, 2013, the Plaintiff paid a total of KRW 1,351,921,642 to the Defendant, while, on September 13, 2013, the Plaintiff deposited KRW 313,742,535 as the depositee of the Sejong District Court’s gold No.7631 (hereinafter “the obligees”) with the Sejong District Court’s gold No. 7631, Sept. 13, 2013 (hereinafter “the obligees”) and deposited KRW 313,742,535 as the depositee (hereinafter “the instant deposit”). On November 18, 2013, the distribution was made in accordance with the distribution schedule in the Busan District Court’s distribution procedure as shown in the attached Table.
(hereinafter “instant dividends”). On November 25, 2013, the Plaintiff paid KRW 174,677,435 to the Defendant immediately following the payment, and the total amount paid to the Defendant was KRW 1,526,59,077.
(1) The Plaintiff’s voluntary repayment of KRW 1,351,921,642 (174,677,435). The Plaintiff’s lawsuit and the Plaintiff’s repayment of KRW 174,67,435 (hereinafter “the amount of voluntary repayment”).