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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of premise;
A. On March 13, 2012, the Plaintiff received the Seoul Central District Court 2012TTT No. 2012TT 7479, the debtor C Co., Ltd. (hereinafter “Co.”), and the third debtor D, based on the Plaintiff’s executory exemplification of the decision of recommending reconciliation with the executory power in the sale commission case, the Seoul Central District Court 201Gahap121546 against C’s loan amounting to KRW 500,00,00 among the loan claims based on the loan ruling of the Seoul Central District Court 201Gahap46824.
The above order was served to D on March 16, 2012, and was finalized on June 13, 2012.
B. On June 5, 2014, D’s deposit deposited KRW 411,284,516 in Seoul Central District Court Decision 2011Kahap46284 (hereinafter “instant deposit”) and deposited KRW 411,284,156 (hereinafter “instant deposit”) with the Central District Court in accordance with Article 248(1) of the Civil Execution Act as follows.
1. On March 13, 2012 on March 13, 2012, the date of service of the Plaintiff’s claim amounting to KRW 500,00,000,000 on the creditor’s claim of the Seoul Central District Court for the attachment and assignment order of claims No. 2012 other, 7479, the Seoul Central District Court (hereinafter “instant pledge”) / On March 13, 2012, the date of service of the Plaintiff’s claim amounting to 2,097,570,887 won as the creditor’s claim amounting to the collection order / on December 11, 2012, the date of service of the pledge (hereinafter “instant pledge”) established on January 3, 2013 on the date of service of the Defendant’s claim amounting to KRW 300,000,000,000,000 and KRW 38136,3731,75,203631,37.
The Seoul Central District Court shall distribute to the Defendant the total amount KRW 412,439,234 of the actual amount to be distributed on February 6, 2015 in the dividend procedure case stated in the purport of the claim regarding the above deposit, such as the dividend procedure (hereinafter “instant dividend procedure”).