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1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either as a dispute between the parties or as a whole in each entry in Gap evidence 1 to 4 (including branch numbers if there are serial numbers).
(1) On December 17, 2012, the Plaintiff’s provisional seizure of the claim against biomass C&C Co., Ltd. against the Plaintiff’s biomass C&D Co., Ltd. (hereinafter “ biomass C&D”).
(2) On December 31, 2012, the Incheon District Court filed a lawsuit against the Plaintiff seeking payment of the price of the goods. On December 26, 2012, the Incheon District Court rendered a decision of performance recommendation with respect to the Plaintiff at the rate of 20% per annum from January 12, 2013 to the date of full payment. The said decision became final and conclusive on January 26, 2013. (2) On December 31, 2012, the Plaintiff filed a claim for provisional attachment against biomass C&C Co., Ltd. (hereinafter referred to as “B”) with respect to the purchase price claim of KRW 18,559,80,00 as indicated in the list of annexed real estate, and received a claim for provisional attachment with respect to KRW 18,59,80,00 from January 12, 2013 (hereinafter referred to as “provisional attachment”) and received the above decision of acceptance on KRW 18,559,80,00,00.
3) On March 8, 2013, the Plaintiff: (a) requested the provisional attachment and collection order for KRW 18,559,80 of the above goods price claim and KRW 559,336 of the sales price claim and KRW 559,336 of the sales price claim and KRW 18,59,336 of the above goods price claim; (b) on March 19, 2013, the Plaintiff applied for the provisional attachment and provisional attachment order for KRW 18,59,800 of the claims based on the provisional attachment order as above; (c) transferred the provisional attachment to the original attachment; and (d) received the provisional attachment and collection order for KRW 559,36 of the remainder of KRW 559,36 of the claims were transferred to the original attachment (the Incheon District Court Decision 2013TTTT6895, and the above bond attachment and collection order reached B on May 16, 20
(b) in B.