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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and B’s cancellation of security deposit and security cancellation 1) filed a lawsuit against the Plaintiff and B against the Jeonju District Court (2010 Gohap3659). On June 20, 2014, the said court rendered a judgment with a declaration of provisional execution that “The Plaintiff and B jointly and severally paid 1.6 billion won and damages for delay to C.” The Plaintiff and B appealed appealed to the Gwangju High Court (Seoul High Court) (No. 2012Na872), and the same court filed an application with the same court to suspend provisional execution based on the judgment of the first instance.
3) The Gwangju High Court (the Jeonju District Court) ordered the deposit of KRW 1.6 billion for the suspension of compulsory execution without distinguishing the Plaintiff and B. Accordingly, the Plaintiff borrowed KRW 1.6 billion from D on June 1, 2012 and on the same day, deposited KRW 1.6 billion to the deposit officer of the Jeonju District Court under the joint name of the Plaintiff and B (No. 1721, 2012; hereinafter “instant deposit”).
(4) On February 7, 2013, the Gwangju High Court dismissed the appeal filed by the Plaintiff and B, and this judgment became final and conclusive.
5) On May 3, 2013, the Plaintiff and B filed an application with the Gwangju High Court for a peremptory notice of the exercise of rights and the cancellation of collateral against the instant deposit (No. 2013 Chicago4), and received a decision to revoke security for KRW 500 million out of the instant deposit, and received a decision to revoke security for KRW 1.1 billion as well as the remaining KRW 1.1 billion on October 11, 2013.
B. On April 9, 2013, the Defendant received a provisional seizure order against the money up to KRW 2.12 billion among the claim for the deposit collection against the Republic of Korea by the Jeonju District Court 2013Kadan1332, the Defendant issued a provisional seizure order against the money up to KRW 2.12 million, and the Jeonju District Court against B on September 11, 2014.