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1. The plaintiff's respective claims against the defendant B shall be dismissed.
2. Defendant C’s assertion against the Plaintiff
Reasons
1. Facts of recognition;
A. On March 23, 2011, pursuant to a commission made by Defendant B as an agent of the obligee himself/herself and the Plaintiff, Defendant B drafted a notarial deed (No. 401, No. 401, No. 401, No. 401, “No. 401”) stating that “the Plaintiff borrowed KRW 7,00,000 from Defendant B on February 11, 201, and that the repayment will be made on March 30, 201, but if the said monetary obligation is not performed immediately, the said obligation would not be subject to compulsory execution.”
In addition, on February 24, 2012, Defendant B borrowed KRW 30,00,00 from Defendant B on consignment with the status of the creditor himself/herself and the plaintiff's agent, and on March 2, 2012, “the plaintiff borrowed KRW 7,00,000 on February 21, 2012, but on March 2, 2012, however, he/she does not object to compulsory execution even if he/she is immediately subject to compulsory execution.” and “the plaintiff borrowed KRW 30,00,000 from Defendant B on February 21, 2012. However, on March 21, 2012, the document prepared a notarial deed with the content that “the plaintiff is not immediately subject to compulsory execution” (Article 274 subparag. 27, 204, respectively. 274).
Defendant B filed an application for the assignment order of claim attachment and assignment order with the title of execution of the No. 401 (Seoul Western District Court 2012TTTT 2208) and with the above court on March 2, 2012, Defendant B filed an application for the assignment order of claim attachment and assignment order with the title of execution of the claim attachment and assignment order as to KRW 7,00,000 (the amount obtained every month from Eunpyeong-gu Seoul Metropolitan Government, and the amount obtained by the Plaintiff from June and December of each year, less taxes and public charges, and one half of the amount obtained by deducting the amount of the final allowances received by the Plaintiff from June and December of each year), and the claim attachment and assignment order as to the claim attachment and assignment order as its title.