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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Presumed factual basis
A. The Plaintiff is the creditor of D, and Defendant B is the legal spouse of D who completed the marriage report on July 6, 2017, and Defendant C is the father of D.
B. The Plaintiff, including the Plaintiff’s application for the payment order against D, filed an application for the payment order against D, which sought payment of the agreed amount of KRW 200,000,000,000 based on the agreement on September 1, 2006 (Seoul Central District Court 2013 tea 23793), and on April 10, 2013, the Plaintiff issued the payment order with the content that “D shall pay damages for delay and expenses for demand procedure calculated at the rate of 20% per annum to the Plaintiff from the day following the delivery of the original copy of the payment order to the day of complete payment.” Since D did not raise any objection despite having received the original copy of the payment order on June 24, 2013, the payment order became final and conclusive on July 9, 2013.
(hereinafter referred to as “instant payment order”) C.
D Declaration of Bankruptcy on April 17, 2017 filed an application for bankruptcy and exemption (U.S. District Court 2017Hadan100326, 2017Ma100326, 100326, 2017). On September 15, 2017, the above court rendered a ruling of bankruptcy against D and appointed E as a bankruptcy trustee, and the bankruptcy procedure is in progress.
(1) On November 28, 2018, the Plaintiff: (a) filed an application for the seizure and collection order of unjust enrichment indicated in attached Table 1, which D had against Defendant B; and (b) received the seizure and collection order of the said claim on November 27, 2018; and (c) the Plaintiff reached Defendant B on November 30, 2018, the original copy of the collection order of the instant case, which was in force on November 28, 2018, with the title of execution; and (b) the Plaintiff filed an application for the seizure and collection order of unjust enrichment indicated in attached Table 2, which D had against Defendant B, with the title of execution of the execution order of the instant case as the original copy of the execution order of which is in force on November 28, 2018.