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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 constituting the premise;
A. On October 10, 201, a notary public drafted a notarial deed 1 in South-west General Law Firm No. 978 on October 10, 201, with the commission of D and E’s agent, a notary public drafted a notarial deed to the effect that “E shall pay D the loan amount of KRW 200 million up to October 31, 201, and recognize compulsory execution in the event of E’s default.” 2) D transferred the claim under the said notarial deed (hereinafter “instant notarial deed”) to the Plaintiff on February 24, 2015, and thereafter notified the Plaintiff of the assignment of the above assignment of claims on March 23, 2015, and the said notification was delivered to E thereafter.
B. On November 30, 2015, a notary public of a notarial deed drawn up a notarial deed, at the commission of Defendant and E’s respective agents, drawn up a notarial deed with the effect that a notary public would recognize compulsory execution when the payment of a bill is delayed (hereinafter “instant promissory note”) with a value of KRW 1 billion at par value, KRW 59,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00
C. On December 10, 2015, the Plaintiff: (a) received the order of seizure and collection against the deposit claims against the Bank of Korea under the Suwon District Court’s Ansan Branch Branch 2015TTB under the title of execution; and (b) around that time, the said order was served on E and the Bank; (c) on December 10, 2015, the Defendant received the order of seizure and collection as to the deposit claims against the Bank of Korea and the Nonghyup District Court under the title of execution; and (d) on December 10, 2015, the Defendant received the order of seizure and collection as to the deposit claims against the Bank of Korea and the Nonghyup Bank of Korea under the title of claim amounting to KRW 900 million among the Defendant’s authentic deeds in the instant case, under the title of claim amounting to KRW 100 million. The said order was served on the Bank of Korea and the NH Bank
The Industrial Bank of Korea of the instant dividend procedure is KRW 91,618,830,00,000 for the obligation to return deposits to E on grounds of seizure competition, etc.