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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C Co., Ltd. filed a lawsuit against E and the Plaintiff seeking payment of installment financing agreement and joint and several sureties (2004Gada9038), and on March 6, 2004, the aforementioned support was jointly and severally rendered a decision on performance recommendation that “the Defendant (E and the Plaintiff) shall pay to the Plaintiff 24% interest per annum from January 29, 2004 to the date of full payment (hereinafter “the decision on performance recommendation of this case”). The decision on performance recommendation of this case was finalized on March 25, 2004 after delivery to the Plaintiff on March 10, 204.
B. On May 25, 2006, C Co., Ltd. transferred to D (hereinafter “D”) the claims under the instant decision on performance recommendation against the Plaintiff. D was based on the original copy of the instant decision on performance recommendation executed by Seoul Northern District Court Decision 2010TTT2376, Nov. 16, 2010, upon which the Plaintiff received a seizure and collection order on the claims against the FF, G, H, I, and the deposit claims against the Republic of Korea, etc., and around that time, the above seizure and collection order was served to the third obligor, respectively.
C. Around October 31, 2012, the Defendant received and managed claims on the instant decision on performance recommendation from D with respect to the Plaintiff. On April 29, 2015, the Defendant received an execution clause for succession to the instant decision on performance recommendation. On October 16, 2018, based on the original copy of the instant decision on performance recommendation, Seoul Northern District Court Decision 2018TTTT1655, the Plaintiff issued a collection order for the attachment and collection of claims (hereinafter “instant order for attachment and collection”).
On the other hand, on October 25, 2012, the Plaintiff was granted decision of immunity from the Seoul Central District Court No. 2012,5916, and the said decision became final and conclusive on November 21, 2012. At the time, the Plaintiff’s claim based on the decision of performance recommendation of the instant case on the list of creditors at the time.