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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. The Plaintiff filed a lawsuit seeking reimbursement against the non-party Samsung C&T Development (hereinafter only referred to as Samsung C&T”) by Seoul Eastern District Court 2013Kadan22745, and the said court rendered a judgment on August 6, 2013 to the effect that “The Plaintiff shall pay to the Plaintiff 45,575,554 won and interest calculated at the rate of 5% per annum from January 11, 2013 to June 21, 2013, and 20% per annum from the next day to the day of complete payment” (Service by Public Notice). The said judgment became final and conclusive on August 6, 2013.
B. On March 7, 2014, the Plaintiff received a claim attachment and collection order to transfer itself to the provisional attachment from Seoul East Eastern District Court 2014TTTT3930, based on the authentic copy of the judgment with executory power over the claim amount case 2013Gadan22745 by designating the Plaintiff as the creditor, Samsung TTTer as the debtor, and the Defendant as the garnishee, and the content thereof are as follows.
1) Provisional seizure against KRW 46,025,557 among the claims listed in the separate sheet by the decision of provisional seizure against claims by Seoul Eastern District Court 2013Kadan3716 is transferred to the seizure upon this attachment. 2) Claim amounting to KRW 53,030,294 (= Principal KRW 45,575,554 KRW 7,429,440 KRW 7,000 KRW 7,004,737 and the obligor’s claim against the third obligor is seized.
3) The garnishee is prohibited from paying to the obligor the above claims, and the obligor cannot dispose of and receive the above claims. 4) The above seized claims may be collected by the obligee.
[Grounds for recognition] Class A, Nos. 1, 2, and 3 (including paper numbers), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. In order to execute the claim based on the final judgment against the Plaintiff’s assertion against Samsung C&T, the Defendant was issued a seizure and collection order to transfer the provisional seizure to the Seoul Eastern District Court 2014TT3930 as the garnishee, and the Defendant, the third obligor, is the Defendant.