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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 is the obligee who filed an application for provisional attachment of the claim against D (hereinafter “D”) with Seoul Southern District Court 2016Kadan4905 on the basis of the claim for goods payment against D (hereinafter “D”), and E is the obligee who received a provisional attachment order from the above court after filing an application for provisional attachment of the claim against D as Seoul Southern District Court 2016Kadan8701 based on D’s claim against D, and the Defendant is the obligee who received a provisional attachment order from the above court. The Defendant is the obligee who filed an application for provisional attachment of the claim against D as Seoul Southern District Court 2016Ma17457 based on an executory deed against D and received a collection order from the above court.
B. On April 7, 2017, in the case of a distribution procedure in the Seoul Southern District Court C Branch of the Seoul Southern District Court, the court prepared a distribution schedule with the amount of dividends to the Plaintiff KRW 26,931,080, the amount of dividends to the Defendant KRW 77,916,928, and the amount of dividends to E as KRW 45,793,319 (hereinafter “previous distribution schedule”), and the Plaintiff and E present their objection on the date of distribution and stated their objection in the total amount of dividends to the Defendant.
E filed a lawsuit of demurrer against the Defendant, asserting that the Defendant received dividends in the said distribution procedure based on D’s false claims (hereinafter “instant lawsuit”). On October 13, 2017, the said court sent a ruling of recommending reconciliation with the purport that “The amount of dividends to the Plaintiff (E) out of the previous distribution schedule is KRW 45,793,319, KRW 793,319, KRW 77,793,316, and KRW 77,916,928, respectively, of the amount of dividends to the Defendant,” and the said ruling became final and conclusive as is without any objection by both parties.
The Plaintiff asserted that the Defendant’s claim against D was false and filed a lawsuit of demurrer against the Defendant against the Seoul Southern District Court 2017dan10309 (hereinafter “second lawsuit”), and on January 17, 2018, the amount of dividends against the Defendant among the previous distribution schedule between the Plaintiff and the Defendant on the date of pleading of January 17, 2018.