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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. As to the claim for payment of dividends held in the Republic of Korea (hereinafter “instant dividends”) in the case of a compulsory auction by official auction by the Chuncheon District Court, F received a seizure and collection order for the claim amounting to 80,091,085, the claim amounting to 2016TTT 2016, and the execution court of the said auction case deposited the instant dividends amount as KRW 299, 2016 (hereinafter “instant deposit”).
B. As to C’s claim for dividend payment of this case or the instant deposit payment of this case against Korea, the Defendant received a collection order of KRW 116,426,712 (i.e., the principal amount of KRW 187,00,000 (i.e., KRW 187,000 x 25% per annum x 25% per annum x November 23, 2014 x KRW 309/650, Nov. 23, 2016) with the initial support of KRW 303,676,712 (i.e., the claim amount of KRW 303,676,712) with the initial support of KRW 203,65,00 from September 9, 2015 as the title of execution; and (ii) the Plaintiff received a collection order of KRW 3065,205,360,716, etc. from May 30, 2014.
On April 12, 2005, the creditor (the defendant, hereinafter the same shall apply) lent KRW 87,000,000 to the debtor (C; hereinafter the same shall apply) and the debtor borrowed it.
By October 10, 2015, repayment shall be made in lump sum.
Interest shall be 25% per annum, and shall be paid from May 30, 2014 to the 14th day of each month.
If the obligor delays the repayment of the principal or interest, the delayed principal or interest shall be paid to the obligee at the rate of 25% per annum on the delayed principal or interest.
If the obligor fails to perform any pecuniary obligation pursuant to this contract, the obligor shall be aware of the existence of no objection thereto immediately through compulsory execution.
C. As to the instant deposit, the distribution procedure for the instant deposit is governed by the prompt subsidization D (hereinafter “instant distribution procedure”).