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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff filed an application with E Co., Ltd. (hereinafter “E”) for a payment order claiming the payment of loans of KRW 770,000,000 and interest and delay damages incurred therefrom, which were transferred by the Bank from the Seoul Central District Court (hereinafter “E”) under the Seoul Central District Court Decision 2015Hu3956, and the said court issued an order to pay the amount stated in the above purport of the claim on August 25, 2015 to the effect that the payment order became final and conclusive on January 20, 2016, and the Plaintiff is a successor to whom a claim based on the above payment order was transferred from the Plaintiff.
B. On February 4, 2016, the Defendant issued a payment order to pay E the amount stated in the purport of the above claim (hereinafter referred to as “instant payment order”) and the said payment order became final and conclusive on March 25, 2016, by issuing an order to pay for the manufacture and construction cost of fertilizer production facilities and the delay damages, which were unpaid from the Seocho District Court’s early July 2012 to November 5, 2014.
C. On July 4, 2016, the Plaintiff applied for a compulsory auction to Suwon District CourtD with respect to real estate owned by E and received a decision to commence compulsory auction on July 4, 2016.
(hereinafter “instant auction”). In the instant auction procedure, the Plaintiff filed a claim of KRW 820,986,893, and the Defendant filed a report on the claim of KRW 2,717,156,034, respectively.
The execution court of the auction procedure of this case shall open the date of distribution on February 14, 2017 and distribute 84,280 won, out of 75,828,116 won, to the branch office of the Dong-si branch in Sungsung-si, the holder of the distribution right, and 18,310,178 won, to the defendant who is the holder of the distribution right, the defendant who is the holder of the distribution right, and 13,279,008 won, to the defendant who is the holder of the distribution right, and 13,279,539 won, to the plaintiff, the applicant creditor, the holder of the distribution right, and 234,539 won, to the Korea Electric Power Corporation, the holder of the distribution right, who is the holder of the distribution right, to each of the