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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 30, 2012, the Plaintiff filed a lawsuit against the Plaintiff (hereinafter “Plaintiff”) claiming a transfer amount against B Co., Ltd. (hereinafter “A”) on April 3, 2009, the Busan District Court rendered a judgment that “C shall pay to the Plaintiff 24% interest per annum from January 24, 2005 to the day of full payment, and from October 28, 2009, the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy; hereinafter “Plaintiff”) and that “C shall pay to the Plaintiff 540,572,669 won and its 49,346,064 won, calculated at the rate of 24% per annum from January 24, 2005 to the day of full payment.”
(B) Busan District Court Branch Branch 2008Gahap1865).
Accordingly, on July 27, 2015, the Plaintiff filed an order of seizure and collection with the Plaintiff, the debtor C, and the third debtor as the executive title of the above judgment rendered final and conclusive on July 23, 2015, and issued a seizure and collection order with respect to the Plaintiff, the debtor C, and the third debtor, and all kinds of insurance proceeds and refunds to be paid as the current and future claims for return of deposits against the Defendant and as various insurance policies, etc. (hereinafter “instant seizure and collection order”).
The original copy of the decision on the seizure and collection order of this case was served on July 30, 2015, on the part of Sejong Special Self-Governing City, in which the Plaintiff had the “Postal Service Headquarters” indicated as the Defendant’s address, and received the general affairs personnel.
C. On July 31, 2015, C withdrawn KRW 350,565,782 from the post office account under C’s name.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 22 and the purport of the whole pleadings
2. Determination as to the cause of claim
A. As the instant seizure and collection order against the Defendant, the Plaintiff’s primary claim, became effective upon the delivery to Korea Post on July 30, 2015, the Defendant is obligated to pay KRW 350,565,782 to the Plaintiff.