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1. B Co., Ltd.’s issuing of promissory notes on September 25, 2014, as indicated in the separate sheet against the Defendant, KRW 63,04,912.
Reasons
1. Basic facts
A. (1) The Plaintiff supplied steel bars, etc. to B Co., Ltd. from March 2014 to October 31 of the same year, or leased construction materials, etc., and was not reimbursed KRW 67,087,059 in total from Nonparty Co., Ltd.
(2) On November 2014, the Plaintiff filed an application with Nonparty Company for a payment order claiming payment of the amount calculated at the rate of 20% per annum from the day following the delivery date of the payment order ( November 18, 2014) to the day of complete payment (Scheon District Court 2014 tea1512). On November 12, 2014, the court issued the payment order as above, which became final and conclusive around December 2, 2014.
(3) On December 31, 2014, the Plaintiff received a seizure and collection order (which included a claim amount of KRW 69,078,920 (the principal of KRW 67,087,059, KRW 20% per annum from November 18, 2014, and expenses for demand procedure) on the claims owned by the non-party company in the Republic of Korea, the third debtor of which was the non-party company.
(4) On May 26, 2015, the Plaintiff received a dividend of KRW 6,034,008 from Nonparty Company, the garnishee, and the Chuncheon District Court C, the Republic of Korea of the Republic of Korea.
B. On December 23, 2014, a notary public prepared and issued a notarized bill No. 1105 with respect to a promissory note (hereinafter “instant promissory note”) with a face value of KRW 130,000,000 to the Defendant under the status of excess of the debt, as stated in the separate sheet (hereinafter “instant promissory note”) to the Defendant.
(2) On December 31, 2014, the Defendant: (a) granted the execution clause to the said notarial deed; and (b) on January 2, 2015, the Defendant received an order of seizure and assignment of the execution clause against the claim for construction price claims owned by the non-party company to the non-party corporation, the third debtor, as the Chuncheon District Court 2014TT4918; and accordingly, (c) accordingly, on March 2015.