beta
Text
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. The relationship between the parties is the sentences of Defendant D’s imprisonment, Defendant D’s imprisonment, and F’s imprisonment.
Defendant E is the wife of Defendant D, and Defendant C is the wife of Defendant D and E.
Defendant B Incorporated Partnership (hereinafter “Defendant Incorporated”) is a company whose representative director is Defendant C.
B. Compulsory execution 1 based on the instant payment order: (a) the Defendant was issued an order to pay the Plaintiff a payment order with the content of KRW 300 million loans and the agreed interest thereon (hereinafter “instant payment order”); (b) on March 21, 2011, the said court issued a payment order with the content that “the Plaintiff and G jointly and severally paid to the Defendant corporation the amount of KRW 300 million per annum and KRW 24% per annum from September 1, 201 to the date of full payment (hereinafter “instant payment order”).
(2) On May 1, 201, the above payment order was finalized on May 7, 201, and became final and conclusive. 2) The Defendant Corporation: (a) received the seizure and collection order as to the deposit claims held by the Plaintiff against H Co., Ltd. and I Cooperatives on August 16, 2016 (the Daejeon District Court Decision 2016TY Branch 2016TY 5072); (b) collected KRW 22,848,474 on August 25, 2016; and (c) collected KRW 3,773,716 on August 26, 2016; and (b) received dividends equivalent to KRW 2,910,000 on October 25, 2016 during the corporeal auction procedure.
C. On August 26, 2016, the Plaintiff filed a lawsuit of objection against the instant payment order against the Defendant Corporation. (2) The first instance court (Seoul District Court Branch Branch Decision 2016Gahap127 Decided June 14, 2017) (“Plaintiff”) “from April 14, 2011 to February 24, 2012, and from April 4, 2013 to March 14, 2015, the sum of KRW 669,705,50 was remitted to the Defendant E’s account, and this was the sum of KRW 656,843,835, and the Plaintiff’s claim was fully repaid.”
3. The defendant corporation appealed.