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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 26, 2006, the Defendant filed a lawsuit claiming payment of KRW 532 million and delay damages against D Co., Ltd. (hereinafter “Nonindicted Company”) by asserting that “the Defendant lent KRW 400 million to Nonparty Co., Ltd. on December 29, 2005, and agreed to receive installment payments of KRW 532 million in total the principal and interest on August 1, 2006,” with the Seoul Central District Court Decision 2006Gahap83197 (hereinafter “Nonindicted Company”) and the said judgment became final and conclusive around that time.
Since then, the defendant received the Seoul Central District Court Decision 2007Kao1605 as to the above case, which became final and conclusive.
B. On November 1, 2011, the non-party company filed a lawsuit against the defendant and E seeking the denial of compulsory execution against the right to claim the delivery of the bearer term deposit certificate issued by the defendant and E under the Incheon District Court Branch Decision 201Gahap8415 (Evidence 8). The non-party company submitted a written application for alteration of the purport of the claim and the cause of the claim on December 6, 201 (Evidence 18-2) and withdrawn the said lawsuit on May 1, 2012
(Evidence 6, 19). (c)
Based on the authentic copy of a notarial deed with executory power over the non-party company, the Plaintiff filed an application for a seizure and collection order with respect to the claim for the refund of stamp payment with respect to the non-party company's claim against the Republic of Korea, which is the third debtor in relation to the lawsuit of demurrer against distribution 201 Gohap8415 (the claim amounting to 229,521,696), and the above court rendered a decision accepting it on April 9, 2012, and the above decision was served to the Republic of Korea around that time.
The defendant against the non-party company based on the original copy of the Seoul Central District Court Decision 2007Kadan1605 decided to determine the costs of lawsuit against the non-party company under the Incheon District Court Branch Decision 2012TTTT 201 and the non-party company against the non-party company as the third debtor in relation to the non-party company's objection against distribution.