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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 20, 2015, the Plaintiff applied for a payment order against C, etc., and received a payment order (Seoul Central District Court 2015 tea1787) to the effect that “C shall pay to the Plaintiff delay damages for KRW 27,140,681 and its KRW 4,767,319,” and the said payment order was finalized on March 5, 2016.
B. On September 5, 2008, the Defendant received a payment order (the Seoul District Court Decision 2008Guj2476, hereinafter “instant payment order”) from C to the effect that “C shall pay to the Defendant KRW 250 million and delay damages incurred therefrom” on the ground that C jointly and severally guaranteed the debt of KRW 250 million against D with the Defendant, and the instant payment order was finalized around that time.
C. On November 12, 2008, the Defendant received a claim attachment and collection order (the sum of KRW 257,397,397,260 (250,000 and interest interest thereon plus KRW 7,397,260) under the instant payment order with executive force on November 12, 2008, (hereinafter “instant collection order”), which was issued by the obligor C, the garnishee, Jeollabuk-do, and the claimed amount (the sum of KRW 250,00,000 and interest interest thereon). This was finalized around that time.
Jeollabuk-do deposited 24,594,270 won as 210 gold 210 in Jeonju District Court's Gunsan Branch in 2017.
E. On May 10, 2017, the Jeonju District Court conducted the distribution procedure for the said deposited money as B, and on May 10, 2017, prepared a distribution schedule stating that the Plaintiff distributed KRW 1,00,663 to the Plaintiff, pursuant to the Gunsan Branch of Jeonju District Court 2007TTTTT2607, and KRW 1,438,144 to the Gunsan Branch of Jeonju District Court 2017TTT922, and that the Defendant distributed KRW 12,860,701 to the Defendant based on the instant collection order.
(hereinafter referred to as “instant distribution schedule”). [Grounds for recognition] The entry in Gap’s 1 through 6, 8 through 9, and Eul’s 15 through 17 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings.
2. Determination:
A. The payment order of this case asserted by the plaintiff is issued.