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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 209, Nanmato 2 Mutual Savings Bank (hereinafter “Santop Savings Bank”) filed a lawsuit seeking loans with the Busan District Court 2009Kadan17857 against D and the Plaintiff and four others. On October 20, 2009, D, E, and A (the Plaintiff) jointly and severally agreed with the Plaintiff (Santop Savings Bank) about KRW 172,102,662 and KRW 150,000 among them and KRW 150,000 per annum from February 5, 2009 to the date of full payment (hereinafter “the judgment of execution of this case”). The judgment became final and conclusive as is November 24, 2009.
B. Based on the judgment of execution of the instant case, the non-party savings bank filed an application with the Daejeon District Court for a seizure and collection order of the claim to be distributed from the Republic of Korea (hereinafter “instant dividend claim”) in the F dividend procedure with the Suwon District Court. Daejeon District Court issued a seizure and collection order of the claim on September 15, 201.
On October 19, 2012, Nonparty Savings Bank’s claim against the Plaintiff was transferred to Defendant K&C according to the decision on the transfer of contracts, and Defendant K&C received the Daejeon District Court’s order of seizure and collection as to the Plaintiff’s dividend claim based on the judgment of execution of the instant case on March 28, 2013.
In addition, on April 1, 2014, Defendant K&C received the succession execution clause concerning the judgment of execution of this case from the Busan District Court.
C. Defendant B applied for a payment order of KRW 896,732,491 against the Plaintiff on March 6, 2015, which was issued by the Daejeon District Court 2015 tea1303, and the said payment order was finalized on April 2, 2015.
(hereinafter “instant payment order”) D.
Defendant B, based on the instant payment order on April 14, 2015, received the Daejeon District Court 2015TTT No. 4797 and issued a collection order on the Plaintiff’s claim for dividends of this case based on the instant payment order.
E. The instant case.