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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. On May 23, 2014, the Plaintiff’s claim against Suwon District Court (Seoul District Court 201Gahap24602) filed a lawsuit on the agreed amount and was sentenced to dismissal on May 23, 2014. The said judgment became final and conclusive on June 19, 2015, with the Seoul High Court 2014Na28543, that “the Defendant shall pay to the Plaintiff 746,421,393 won and the amount calculated at the rate of 20% per annum from June 20, 2015 to the day of full payment.”
B. The Defendant C’s claim against C has issued a promissory note of KRW 870,00,000 at par value to the Defendant, and issued a notarial deed of promissory note on July 12, 2011.
C. Distribution procedures and lawsuit of demurrer against the distribution regarding the deposit claims in the name of C (1) The Defendant, on July 21, 201 and August 1, 2011, with the title of execution, shall be the Korea Scldrid Bank in the name of C, Inc. (hereinafter “Japan Bank”).
(2) On August 12, 2011, the Plaintiff received a provisional attachment ruling (U.S. District Court 201Kadan102183, U.S. District Court 201Da102183, Oct. 12, 201) on the deposit claims deposited in the National Bank of Korea, with two claims attachment and collection orders (U.S. District Court 201TT 20596, and 201 Tachi212666, Aug. 12, 201).
3) On August 30, 201, when the collection order of the Defendant and the provisional seizure order of the Plaintiff competes with each other, the Suwon District Court deposited KRW 713,509,333 of the deposit in the name C as the Suwon District Court No. 16755 in 201. On November 28, 2011, the Suwon District Court prepared a distribution schedule in which the Plaintiff distributed the total amount of KRW 394,140,041 to the Defendant, and KRW 320,83,265 to the Plaintiff, and KRW 320,83,265 to the Plaintiff. 4) Accordingly, the Plaintiff asserted that the said deposit was the Plaintiff’s money and filed a lawsuit of demurrer to the distribution (hereinafter “instant lawsuit of demurrer to the distribution”) with the Suwon District Court No. 2011,24091. However, the judgment dismissing the claim of this case was pronounced on August 12, 2014.