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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant filed a lawsuit (the principal suit 2016da74050, 2016Gahap74067 (Counterclaim) against Gyeong-man Co., Ltd. (hereinafter “Gyeong-man”) seeking unjust enrichment. On September 1, 2017, the Defendant jointly with C Co., Ltd. and paid 61,360,490 won per annum to the Defendant from June 1, 2017 to the day of complete payment, and the Defendant paid 15% interest per annum from 121,616,233 won and the amount calculated at the rate of 15% per annum from July 20, 2017 to the day of complete payment, and from July 20, 2017 to the day of full payment, the amount of money calculated at the rate of 15% per annum from July 20, 2017 to the day of full payment, the pertinent judgment of 40,5300 m20 m2.
(B) On September 23, 2017, 2017. (b) In the case of the order of seizure and collection of a promissory note with the executory power of No. 1335 of the said court on December 30, 2017, a notary public seized a claim for the land use fee against the Defendant of Gyeong-man-man, a claim for the land use fee against the Defendant of Gyeong-man, with the executory power of the law firm as the executory power, and the said decision granting the Plaintiff the right to collect the seized claim (hereinafter “instant collection order”).
C. On September 25, 2017, the collection order of this case was served on the Defendant. [The fact that there is no dispute over the grounds for recognition, the entries in Gap evidence Nos. 1 and 5, and the purport of the whole pleadings]
2. The assertion and judgment
A. The plaintiff asserts that according to the collection order of this case, the defendant is obligated to pay 30,596,210 won as part of the claim and delay damages to the plaintiff.
On September 14, 2017, before the collection order of this case was served on the defendant, the defendant was "the defendant between the defendant and the police officer."