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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff filed a lawsuit against B, etc. with the Seoul Central District Court 2008Kadan418820, and the above court rendered a judgment on March 17, 2009 that "B shall pay to the Plaintiff 97,601,624 won and 63,940,392 won jointly and severally with the Korea World Communications Corporation and C, with the Plaintiff, from September 10, 2007; 33,430,759 won each year from October 29, 2007 to January 8, 2009; and 20% each year from the next day to the date of full payment." The above judgment became final and conclusive around that time.
B. On January 18, 201, the Defendant was notified of the payment order (hereinafter “instant payment order”) stating that “B shall pay to the Defendant KRW 200,000,000,000 and damages for delay calculated at the rate of 36% per annum from January 1, 2016 to the date of full payment” (hereinafter “instant payment order”).
The instant payment order was served on January 22, 201 on B and became final and conclusive on February 8, 2011 as it did not object to B.
C. On February 28, 2011, the Defendant issued a claim attachment and assignment order (hereinafter “instant attachment and assignment order”) from the above court on March 22, 201, upon receiving a claim attachment and assignment order as to the benefit claim against Suwon Industrial Co., Ltd. based on the instant payment order under the Suwon District Court Ansan Branch No. 2011TN 404, which became final and conclusive on May 7, 201, upon receiving a claim attachment and assignment order from the above court. The instant attachment and assignment order was served on March 24, 201 on the garnishee, the Korea Fixed Industrial Co., Ltd., Ltd., and on April 29, 2011.
On the other hand, on May 1, 2012, the Plaintiff filed a seizure and collection order with the competent court on May 3, 2012, by requesting for a seizure and collection order concerning the benefit claim against the Korea Water Quality Industry Corporation B, under the Suwon District Court Branch 2012TT 6620 based on the aforementioned final judgment against B, and received the seizure and collection order from the said court on May 3, 2012. The above seizure and collection order on May 8, 2012.