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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On April 16, 2010, the Defendant filed a lawsuit against C (Representative Liquidator D) with the Cheongju District Court of 2009Dahap5695 against the Plaintiff, etc., and was sentenced to a judgment on April 16, 2010 that “C shall pay to the Defendant KRW 121 million, KRW 116.6 million to the Plaintiff, KRW 24.2 million to the Selection E, KRW 55 million to the Selection, KRW 38.5 million to the Selection, KRW 38.5 million to the Selection, KRW 23.1 million to the Selection, and KRW 11 million to the Selection, and the fact that the judgment becomes final and conclusive is either not disputed between the parties or recognized by the evidence set forth in subparagraph 1.
2. The assertion and judgment
A. The plaintiff asserted that the defendant agreed with the above D to accept only KRW 90 million among the claims recognized in the above judgment without prior consultation or consent of the plaintiff on January 20, 201, and to waive the remainder of the claims. On April 13, 2013, the plaintiff received KRW 20 million and kept the remainder of KRW 70 million on April 13, 2013, and did not distribute them to the designated parties of the above civil litigation case including the plaintiff. As such, the defendant claimed that the plaintiff is liable to pay damages for tort amounting to KRW 269,10,000 ( = KRW 90,000 x KRW 11,66 million x 389,40,000) equivalent to the plaintiff's share among the designated parties of the above 90,000 won x 11,660,000 won cited in the above judgment and damages for delay.
B. The fact that the Defendant received the sum of KRW 20 million from D on January 21, 201, and KRW 70 million on April 13, 2013 does not dispute the fact that the Defendant received KRW 90 million on April 13, 201.
However, as to whether the Defendant renounced the Plaintiff’s claim against C pursuant to the above judgment, and whether the amount cited in the above judgment is included in the above amount of KRW 90 million (the amount less than the amount cited in the above judgment) that the Defendant received from D (the Defendant is less than the amount cited in the above judgment).