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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 201, the Defendant filed a lawsuit against the Plaintiff seeking payment of the loan amounting to KRW 500 million with Suwon District Court 201Gahap7966, and on November 10, 2011, the Defendant rendered a judgment that “the Plaintiff shall pay KRW 500 million and its delay damages to the Defendant” and became final and conclusive on December 1, 201 (hereinafter “instant judgment”).
In addition, around April 2012, the Defendant filed an application with the Plaintiff for a payment order claiming the payment of the remainder, etc. other than the amount paid in part, out of KRW 600 million. On June 14, 2012, the payment order was issued to the Defendant that “the Plaintiff shall pay KRW 83,598,566 to the Defendant, and delay damages therefrom,” and the payment order was finalized on July 5, 2012 (hereinafter “instant payment order”).
B. On September 14, 2010, the Defendant received a provisional seizure order on real estate owned by the Plaintiff and completed the provisional seizure order on September 15, 2010 by Suwon District Court Decision 2010Kadan102462, which was rendered on September 14, 201, the claim amount of H real estate owned by the Plaintiff was KRW 500 million. On March 2, 2011, the Defendant completed the provisional seizure order on real estate owned by the Plaintiff and completed the provisional seizure order on March 4, 2011.
C. Meanwhile, with respect to the real estate owned by the Defendant, including the above real estate, on which the Defendant completed the provisional attachment registration, the registration of the entry of the decision to commence compulsory auction was completed on November 13, 2013 by the Plaintiff’s creditor L, ELD Construction Co., Ltd. (hereinafter “instant real estate”), and the auction procedure (hereinafter “instant auction procedure”) with D, E, F, G (Dual) by this court upon the Defendant’s application for compulsory auction.
Defendant around March 16, 2017, KRW 583,598,566 of the principal of the claim at the dividend court (i.e., the principal of the instant payment order amounting to KRW 500 million).