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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. (1) The Plaintiff, including the Plaintiff’s judgment and the collection order, filed a lawsuit against Nonparty B, etc. for payment of the amount of reimbursement, etc. from around 1998 to 2001, and the relevant court rendered a favorable judgment against the Plaintiff, and each of the above judgments became final and conclusive.
(2) Around 2006, the Plaintiff received a seizure and collection order from the purport that “B seizes claims, such as wages, etc., in Ulsan Metropolitan City, and the Plaintiff may collect the above claims” with the content as shown in attached Table 2 with the title of execution. Each of the above decisions was served on Ulsan Metropolitan City and finalized around that time.
B. (1) On January 27, 2012, the Defendant, B, a collection order, etc., entrusted D public officials belonging to the Ulsan District Public Prosecutor’s Office to prepare a notarial deed No. 51 of the year 2012, which includes the following (hereinafter “notarial deed of this case”).
“B approves the Defendant to assume the Defendant’s obligation as a joint and several surety with respect to “The principal and interest on the loan that E bears to the Defendant,” and pays it on February 4, 2012. In the event that B fails to perform the above monetary obligation to the Defendant, it is recognized that there is no objection even if compulsory execution is conducted immediately.” (2) On February 9, 2012, the Defendant issued a seizure and collection order stating that “B seizes claims, such as wages, etc. in Ulsan Metropolitan City with B, and the Plaintiff may collect the said claims, and the Plaintiff may collect the said claims (U.S. District Court Decision 2012TTTT1376; hereinafter the Defendant’s collection order).” The above order was served on Busan Metropolitan City and became final and conclusive around that time.
C. As to the instant dividends No. 1, etc. (1) the Ulsan Metropolitan City made an enforcement deposit on the ground that “B is the total seizure coverage for wage claims and other claims in Ulsan Metropolitan City.”