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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, under the trade name of D, is a merchant who runs wholesale and retail business of electric machinery, equipment, etc., and maintained a legal relationship between E and E from December 1, 1997 to April 23, 2013.
피고 B은 E의 남동생으로 피고 C의 대표자이고, 피고 C, 브이네트웍스, 가우디정보기술(이하 통틀어 ‘피고 회사들’이라 한다)은 이동통신 관련 전자기계 제조업 등을 영위하는 회사이다.
B. On June 19, 2012, E filed a lawsuit against the Plaintiff seeking divorce, division of property, etc. with the Seoul Family Court, and on April 23, 2013, conciliation was concluded on the following (However, only the part related to the instant case).
Seoul Family Court (2012Dhap7168) 【Mediation Clause】
1. The plaintiff and the defendant are divorced.
8. The Plaintiff and the Defendant confirm that the property (including a small property) in their respective names, other than as set forth above, belongs to their respective names, and do not claim monetary against the other party under any pretext, such as consolation money and division of property, in connection with the divorce of this case (hereinafter omitted)
C. Meanwhile, on August 6, 2012, the Plaintiff filed a request for a payment order of KRW 460,1100,000,000 for the total amount of goods price, etc. under Seoul Southern District Court Decision 201Hu13842 against Defendant B, but this court issued an order to dismiss the above payment order on October 10 of the same year.
In addition, on August 22, 2012, the Plaintiff filed an application for provisional seizure of corporeal movables with Defendant B, Seoul Southern District Court 2012Kadan8206, the claim amounting to KRW 10 million, which was part of the above KRW 4660 million, as Seoul Southern District Court 2012. However, this Court had the same year.
9. 10. The above application was dismissed on the ground that there was no vindication of the preserved right.
[Ground of recognition] Facts without dispute, Gap 1 through 3, 5, 8, 10, 14 through 16, 18, 23 evidence (including each number, if any, hereinafter the same shall apply), Eul 1 and 6 evidence, and the purport of the whole pleadings
2. Summary of the plaintiff's assertion
(a) A corporate bank in the name of claim E with respect to Defendant B;