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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. A Co., Ltd. (hereinafter “A”) filed a claim against the Plaintiff for the payment order against the Plaintiff, the Jeonju District Court 2017 tea2325, 26,043,504 won, and damages for delay, and the said court issued a payment order to the Defendant on August 3, 2017. The said payment order was finalized on August 24, 2017, on the ground that the Plaintiff did not raise any objection.
B. On March 28, 2017, the Plaintiff, a debtor, prepared a certificate of loan with the Defendant and the “Defendant, the debtor, the Plaintiff, the loan amount of KRW 80 million, the interest rate of KRW 20,000,000,000 and May 30, 2017 on the date of maturity for payment, and drafted an authentic deed of a monetary loan agreement with the effect that compulsory execution is recognized in the event that the Plaintiff fails to pay the above loan to the Defendant.
On July 24, 2017, the Defendant issued an order of seizure and assignment of the amount until the amount reaches KRW 82,880,929 out of the Plaintiff’s wage claim against D as the former District Court’s Military Accounting Branch No. 2017, 4219, with the title of execution of the said notarial deed as the title of execution.
C. (1) On November 6, 2018, during the instant lawsuit pending against the Defendant, a beneficiary, A, a creditor, filed an individual rehabilitation claim with the Jeonju District Court 2018 Association2093, and was decided to commence the rehabilitation procedure on January 29, 2019, and was decided to authorize the repayment plan on April 18, 2019. A reported the claim described in the foregoing paragraph (a) against the Plaintiff as an individual rehabilitation claim in the instant individual rehabilitation case, and the said individual rehabilitation case was pending before being abolished or terminated. (2) On June 19, 2019, the Plaintiff filed a lawsuit against A in the instant lawsuit.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 6, Eul's 1, 3, and 4, the purport of the whole pleadings
2. The lawsuit of this case.