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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Nonparty C won a loan lawsuit against the Plaintiff, which was filed by the Seoul Western District Court 2009Gahap9898, and the Plaintiff appealed and dismissed the judgment of the first instance court. Upon the ancillary claim of C added in the trial, the Plaintiff was sentenced to the judgment that “The Plaintiff shall pay to C 750 million won per annum from January 19, 2012 to March 23, 2012, 5% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment” (Seoul High Court 2010Na11262 loans), which was finalized on May 29, 2012 (the Seoul High Court 2010Na1262 loans).
(hereinafter “instant judgment”). (b)
The defendant won the loan lawsuit against the above C and the non-party E by filing a loan lawsuit with Sungwon District Court 2009Gahap6789, which became final and conclusive on July 28, 2011 and June 9, 2010 for E.
C. Since then, the Defendant won the lawsuit against C by filing a lawsuit for the revocation of fraudulent act and the performance of the procedure for the assignment of claims against C, which became final and conclusive on October 9, 2012. Accordingly, on October 9, 2012, the Defendant transferred C’s relevant judgment loans and claims for delay damages against C by means of subrogation of C (the notice of assignment of claims was given to the Plaintiff by means of certified mail as of October 9, 2012; hereinafter “the notice of assignment of claims”), and on October 11, 2012, the Defendant received from the Suwon District Court 2012TTTT 21836 and executed the aforementioned loans and claims for delay damages against the Plaintiff on October 9, 2012 (hereinafter “instant seizure and assignment order”).
On April 6, 2015, the defendant was granted the succeeding execution clause to the related judgment of this case as the successor of C in order to implement the compulsory execution against the plaintiff by the senior court clerk D of the Seoul Western District Court.
(hereinafter referred to as “instant succession execution clause”). [No dispute exists concerning the ground for recognition.]