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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. On July 2013, the Plaintiffs filed an application with the Gwangju District Court for a payment order seeking the payment of the agreed amount, etc. against D, which was issued as of July 30, 2013, and the payment order, which was so claimed by the Plaintiffs, was issued as of July 30, 2013, and subsequently finalized.
B. On January 2014, Plaintiff A filed an application with the Gwangju District Court for a seizure and collection order as to the claim stated in the separate sheet against the Defendant as to the execution bond (the principal KRW 100,095,890 (the principal KRW 100,000)) under the above payment order, and the original copy of the decision was served on the Defendant on January 21, 2014, by determining the seizure and collection order of the above claim as of January 20, 2014.
C. On January 2014, Plaintiff B filed an application with the Gwangju District Court for a collection and seizure order as to the claim indicated in the separate sheet against Defendant D as the execution bond [the claim amounting to KRW 43,638,356 (the principal principal KRW 40 million and delay damages] under the above payment order, and around January 20, 2014, Plaintiff B issued a decision to seize and collect the above claim as of January 20, 2014, and served the original copy to the Defendant on January 21, 2014.
Meanwhile, in the case of Gwangju District Court 2010 Gohap85, Sep. 2, 2010, D was convicted of two years of imprisonment with prison labor for the victims including Plaintiff B, and the said judgment became final and conclusive on September 2, 2010, on the grounds that “D purchased the said land by receiving money from the victims including Plaintiff B as real estate investment money, sold it, and embezzled by arbitrarily using the said money as a total of KRW 690 million for the victims,” and subsequently, D’s appeal was dismissed. The facts constituting the crime are deemed to have been used for 275,813,500 out of the deposited money for 37 occasions from September 28, 2006 to March 8, 2007 as “the several E-Dong project expense.”
E.D is under the name of F and the defendant, a corporation of F and the executive company at the time of being investigated by the prosecution for the above criminal case.