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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 May 2005, the Plaintiff filed a claim for damages against C, the father and doctor, and the conciliation was concluded that “C shall pay 18 million won to the Plaintiff.” 2) The Plaintiff filed a claim for damages against C to discontinue extinctive prescription by May 2015, the Changwon District Court Kimhae-si Court 2015Gada8590. The said court rendered a decision of performance recommendation on June 1, 2015 that “C shall pay the Plaintiff KRW 18 million and its delay damages calculated at the rate of 20% per annum from June 21, 2005 to the date of full payment,” and the said decision became final and conclusive at that time.
3) Upon the decision of performance recommendation, the Plaintiff requested the Changwon District Court to issue a collection and seizure order with respect to the claims, such as the benefit, etc. to the Korea Senior Welfare Association, a corporate association, to the Changwon District Court, on February 4, 2016, for the seizure and collection order of the claim (hereinafter “mortgage seizure and collection order”).
(B) The Defendant’s claim against C, etc. is issued. B. The Defendant’s claim against C, etc. is a notary public of C as to the No. 688 of the Geum River Law Firm, No. 688 of 2011, the No. 688, the
Based on the foregoing, on January 3, 2012, on the basis of the assignment order for claims against the Korea Senior Welfare Association, which is an incorporated association of C on January 3, 2012 (Tgu District Court 201TTTT25626, hereinafter “instant claims attachment and assignment order”).
The above order was served on the Korean Senior Welfare Council, an incorporated association, and became final and conclusive around that time.
C. The plaintiff submitted the written statement of the Korea Senior Community Welfare Association requested the statement to the Korea Senior Community Welfare Association, an incorporated association, when requesting the seizure and collection order of the instant claim, and the Korea Senior Community Welfare Association, an incorporated association, has the instant claim seizure and assignment order prior to the instant claim seizure and collection order.