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1. The plaintiff's claim is dismissed.
2. Of the costs of lawsuit, the part pertaining to the participation of the Plaintiff’s Intervenor is the Intervenor.
Reasons
1. Basic facts
A. On September 12, 2007, the Defendant: (a) concluded a lease agreement with the Plaintiff’s Intervenor B (hereinafter “ Intervenor”) on the sum of 13,416.30 square meters (29 square meters in common use area of 9,603.01 square meters and 3,813.29 square meters in common use area; hereinafter “instant film center”); and (b) operated the film center with the following terms (hereinafter “instant lease agreement”).
(a) Lease term: 10,000 won (2) monthly rent of the Defendant x (4) the agreed rental fee rate of the agreement x (4) the annual cumulative rental fee of 80,000 won or less: 6% where the annual cumulative total cumulative number of paid viewers is more than 80,000 but not more than 1,200,000 won: 12% where the annual cumulative cumulative number of paid viewers is more than 1,200,000 persons but not more than 1,000 persons: 30% where the annual cumulative number of paid viewers is more than 1,20,000 persons but not more than 1,40,000 persons: 38% where the annual cumulative number of paid viewers is more than 1,40,000 persons: 47%;
B. The Plaintiff received a payment order for the Plaintiff’s loan claim amounting to KRW 947,722,832 against the Intervenor as the Chuncheon District Court 2013 tea208, and the said payment order became final and conclusive as is.
C. On March 21, 2013, the Plaintiff was issued an order for the attachment and assignment of the claim amounting to KRW 947,722,832 with the Chuncheon District Court 2013TTTTT 97, which was based on the original copy of the above order for payment, and was issued with respect to the Intervenor’s claim for the above film library rent (hereinafter “claim for the instant rent”) against the Defendant of the Intervenor (hereinafter “instant order for the attachment and assignment of claim”), and the original order for the determination of the attachment and assignment of the above claim was served on the Defendant, who is the garnishee on March 25, 2013.
Although the Defendant appealed against the instant claim attachment and assignment order, on February 16, 2015, the Chuncheon District Court rendered a ruling to dismiss the appeal under 2013Ra73, and the instant claim attachment and assignment order became final and conclusive on March 7, 2015.