1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The plaintiff is a corporation engaged in general construction business, real estate development and consulting business, and the defendant is a corporation engaged in clothing sales business, clothing distribution business, real estate development, etc.

On April 23, 2014, Saudi Co., Ltd. (hereinafter referred to as "Seori") and SylNC Co., Ltd. issued promissory notes with the payee's face value of KRW 4 billion and the due date of payment at sight. On the same day, a notary public prepared a notarial deed stating that "if the payment of the aforesaid promissory notes is delayed, a notary public shall, without objection, recognize and accept that there is no objection, even if he/she is immediately subject to compulsory execution."

On April 16, 2014, the Defendant issued, respectively, promissory notes, the face value of which is KRW 1 billion, the face value of which is KRW 2 billion, the face value of which is KRW 31,000,000 on March 31, 2015, and promissory notes, the due date of which is KRW 1 billion, the due date of which is KRW 1 billion, and the due date of which is March 31, 2016. On April 21, 2014, the Defendant and west with the Defendant, respectively, written an authentic deed, stating that “When delay in the payment of the above promissory notes is delayed, a notary public shall be admitted that there is no objection even if he/she is subject to compulsory execution.”

On May 11, 2015, the Plaintiff received an order for the seizure and assignment of the claim amounting to KRW 4 billion against the Defendant of Western-do, with the claim amounting to KRW 4 billion as the Suwon District Court 2015TTB, with respect to the claim amounting to KRW 4 billion, and the above order for the seizure and assignment of the claim amount was served on May 14, 2015. On June 12, 2015, the above order for seizure and assignment of the claim amount (hereinafter “instant order for seizure and assignment”) became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and 12, and the plaintiff's judgment as to the ground for a claim as to the whole purport of the pleadings was served on the defendant on May 14, 2015 upon the order of seizure and assignment. The above order of seizure and assignment became final and conclusive on June 12, 2015.