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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts below the basis facts do not conflict between the parties, or may be found in the entries in Gap evidence 1 to 5 (including branch numbers; hereinafter the same shall apply) and Eul evidence 1 to 7, by integrating the whole purport of the pleadings. A.
The Plaintiff is a personal entrepreneur who has been engaged in the wholesale and retail business of fishery products in Seoul from July 1991 to July 3, 199, and Nonparty E is a representative of F Co., Ltd. (hereinafter “F”) that has traded fishery products with the Plaintiff.
The defendant is the wife of E, the representative of F.
B. The Plaintiff supplied E with fishery products equivalent to KRW 245,255,819 by July 3, 2014. The Plaintiff additionally supplied E with fishery products of KRW 5,690,000,000, out of the total amount of goods, but was paid KRW 110,000,000 out of the total amount of goods.
C. Accordingly, the Plaintiff filed a lawsuit against F with the Seoul Central District Court No. 2015da126075 against the Plaintiff, and on January 19, 2016, the judgment that F would pay the Plaintiff KRW 140,945,819 and its delay damages (hereinafter “relevant civil judgment”) was rendered, and the judgment on February 4, 2016 became final and conclusive on the grounds that F did not appeal.
E The Defendant, who is the wife of E, received from F the claim for the price of goods from F and paid from F to F, KRW 109,154,136 (hereinafter “instant claim for the price of goods”).
2. Summary of the plaintiff's assertion
A. As the relevant civil judgment became final and conclusive, the Plaintiff sought to enforce a compulsory execution against F’s property immediately. However, the Plaintiff already returned a notice to each Eart, which was a customer of F, and changed the deposit account of fishery product price claim from F’s bank account from the former F’s name to the bank account in the name of an individual entrepreneur in the name of “G”.
However, according to the above notice, the name of the business operator of "G" is as follows.