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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. On July 15, 2013, the Plaintiff entered into a goods supply contract with LED parking lot lighting fixtures, etc. to receive KRW 2,25,000,000,000,000,000 for the supply of goods. Thereafter, the Plaintiff filed a lawsuit against C on December 20, 2013 for claiming the payment of goods (hereinafter “prior lawsuit”) with the District Court Decision 2013Kahap10710, supra.
Although the plaintiff won in full in the first instance trial, in the appellate trial (Seoul High Court 2014Na47049), on August 20, 2015, if the plaintiff excluded from the amount collected from the Si Syho LD Co., Ltd. (hereinafter referred to as the "Siho semiconductor"), the conciliation was concluded to confirm that the total amount of the purchase price for the plaintiff's goods is KRW 460 million and to issue the warranty insurance policy corresponding to 10% of the purchase price for the plaintiff to C (hereinafter referred to as the "instant conciliation").
On the other hand, on October 28, 2014, C drafted a notarial deed on money loan loan agreement (No. 479 of 2014; hereafter referred to as “notarial deed on this case’s loan loan”) containing the purport of recognizing compulsory execution to repay KRW 55 million borrowed from Defendant A as of October 31, 2014 and the purport of recognizing compulsory execution. On the same day, C drafted a notarial deed stating the purport of recognizing compulsory execution (No. 2014 and No. 479 of 2014; hereinafter referred to as “notarial deed on loan loan”) with respect to a promissory note as of March 28, 2014; and on the same day, C, face value KRW 129 million; date of issuance; and date of payment October 31, 2014.
After that, on December 1, 2014, the Plaintiff: (a) based on the Notarial Deed for Loan for Consumption and the Notarial Deed for Promissory Notes, C’s semiconductors and Cocom Cocom Co., Ltd., respectively, seized and collected each of the claims; and (b) Seoul Central District Court No. 2014TT 33819.