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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 recognition;
A. The Plaintiff filed a lawsuit against the Defendant as Seoul District Court 97Kadan201606, claiming that “the Plaintiff leased KRW 25 million to the Defendant on November 28, 1994 by setting the interest rate of KRW 25 million per month and the due date of repayment on December 28, 1995.” However, the said court rendered a ruling dismissing the Plaintiff’s claim on March 3, 1998, which became final and conclusive as is.
B. The Plaintiff filed a lawsuit with the Seoul Central District Court 2009Kadan25125 against the Defendant and C, stating that “the Plaintiff lent KRW 50 million to the Defendant and C, and the Defendant and C agreed on May 16, 199 that the Plaintiff shall pay the principal and interest KRW 100 million in installments each six months from November 15, 199 to June 16, 199.” However, the above court dismissed the Plaintiff’s claim against the Defendant on March 30, 2010, and the Plaintiff’s claim against the Defendant was partially accepted ( KRW 10 million and KRW 50 million each year from May 17, 199 to October 9, 2009, and KRW 20 million each year from the following day to the date of full payment). The judgment became final and conclusive.
C.1) On June 16, 2011, the Plaintiff asserted that “C has concealed approximately KRW 1.5 billion of the sale price of the building on the ground of Seoul, Dongjak-gu Seoul, and two lots of land, to the Defendant in order to not pay the judgment amount under the above paragraph (b).” The Plaintiff received a seizure and collection order regarding the claim for the return of the sale price of the above building that C has against the Defendant, which was served on the Defendant on June 22, 201, and this was served on the Defendant on August 5, 2011. (2) The Plaintiff filed a lawsuit against the Defendant as Seoul Central District Court 201Gahap81539, the Plaintiff filed a claim for collection under the above seizure and collection order, but the Plaintiff’s claim was dismissed. The costs of lawsuit was assessed against the Plaintiff.
The plaintiff.