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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C has borrowed money from the Defendant from around 2013.
B. On December 31, 2013, the Plaintiff, a child of C, issued promissory notes in Incheon Metropolitan City, each of which is the date of payment, April 2, 2014, with the Defendant’s face value of KRW 15,00,000,00, and the place of payment. On the same day, a notary public prepared a notarial deed as to the said promissory notes (hereinafter “notarial deed of this case”) and delivered it to the Defendant by a law firm No. 578 on the same day.
C. On September 18, 2015, the Defendant applied for the attachment and assignment order of the Plaintiff’s claim against Samsung Electronic Co., Ltd. based on the instant notarial deed by this Court No. 2015TT31895, and received the attachment and assignment order of the claim from the above court on October 2, 2015. The attachment and assignment order of the above claim was served on the garnishee Samsung Electronic Co., Ltd. and the obligor, respectively, and became final and conclusive around that time.
Samsung Electronic Co., Ltd. is entitled to pay to the Plaintiff.
The sum of KRW 15,024,840 from October 2015 to June 2016 was paid to the defendant in accordance with the claim seizure and assignment order under this paragraph.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings
2. The Plaintiff’s assertion was made on the condition that the Defendant additionally lent KRW 5,00,000 to C while borrowing KRW 10,000,000 from around December 2013, when C borrowed money from the Defendant from around 2013, and the Defendant did not additionally lend KRW 5,00,000 to C. The instant notarial deed was invalidated upon fulfillment of the condition of rescission.
In addition, around August 2014, the Defendant transferred KRW 7,500,000 to D the credit remaining to C, and the Defendant transferred the remaining credit to D as above, and the Defendant extinguished all the claim for the instant notarial deed by transferring the remaining credit to D.
Therefore, this is applicable.