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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, based on the authentic deed of promissory note No. 399, 2013, issued a collection order for the attachment and collection of the bonds issued by C Co., Ltd. (hereinafter “C”) with respect to the claims owned by the Republic of Korea as the original branch court of the Chuncheon District Court 2015TT1938.
B. On May 4, 2015, C issued to the Defendant a promissory note with a face value of KRW 42,00,000 at face value, KRW 42,00,00 at face value, the Defendant, the due date for payment, and the place of payment at the place of payment at issue, respectively (hereinafter “instant promissory note”). A notarized a notarial deed stating the purport of recognizing compulsory execution on the said promissory note (No. 63, 2015, a document prepared by the F Office of a Notaries Public).
C. Based on the notarial deed of the Promissory Notes, the Defendant received a seizure and collection order under the Chuncheon District Court 2015TTT 3591 with respect to the claim for construction cost payment amounting to KRW 42,00,000,000, which C had against the Republic of Korea based on the notarial deed of the instant Promissory Notes.
In the distribution procedure D D of Chuncheon District Court, the Plaintiff demanded each distribution based on C’s claim for collection of KRW 4,621,400 (2015TTT 1938), and the Defendant’s claim for distribution based on C’s claim for collection of KRW 30,50,873 (2015TT 3591).
The above court shall order H 6,58,352 won of dividend 41,81,815 won as of January 27, 2016 to the designated party H 6,58,352 won, 1,044,745 won, 808,166 won, 794,241 won, 1,286,179 won, 1,450,922 won, 1,489,401 won, 2,64,674, and 2,974, 2,95, 974, 975, 97, 97, 195, 97, 97, 1,45, and 97, 200 won, to whom the collecting party is the person holding the provisional attachment right, to whom the collecting party is the Defendant (the person holding the provisional attachment right, 543,974, 295, 197, 197,