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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. Facts of recognition;
A. Since December 1, 2017, the Plaintiff sold steel products, etc. to D who operated E and applied for a payment order of KRW 92,243,581 (hereinafter “instant bonds”) from this court as the price of the goods was not paid. On April 11, 2018, “D shall pay to the Plaintiff the amount calculated at the rate of KRW 92,243,581 and KRW 15% per annum from April 14, 2018 to the date of full payment” (hereinafter “instant payment order”). The instant payment order was defined as April 28, 2018.
B. On April 18, 2018, the Plaintiff was issued a provisional attachment order on the instant claim and the claim amount as KRW 92,243,581 with the obligor D and C as the obligor D and C and the third obligor as the Defendant’s obligor’s claim and the claim amount as KRW 92,243,581, and the instant provisional attachment order was served on the Defendant C, the garnishee, on April 23, 2018.
C. On May 31, 2018, the Plaintiff: (a) issued a seizure and collection order (hereinafter “instant collection order”) on the instant goods payment claim with the debtor D, a third debtor as Defendant C, a claim amount of KRW 94,622,495 (the amount to be seized and collected as KRW 92,243,581, and the amount to be seized and collected as KRW 2,378,914) under the title of execution; and (b) issued a seizure and collection order on the instant goods payment claim (hereinafter “instant collection order”); and (c) on June 4, 2018, the instant collection order was served with the Defendant C, the debtor as the garnishee on June 4, 2018.
D On June 18, 2018, the Plaintiff paid KRW 40 million out of the instant claims, which led to the remainder of KRW 54,745,530 [the damages for delay from April 14, 2018 to June 18, 2018, KRW 2,501,949 (the damages for delay from April 14, 2018 to June 18, 2018) ( KRW 92,243,581 x 15 x 66 days x 365 x 40 million].
E. Meanwhile, on April 2, 2018, D and F, the co-representative of E, are KRW 109,214,559, which between D and F, against Defendant B, and related thereto.