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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. (1) The plaintiff is the former representative director of the corporation B (the former trade name before the change was made F. hereinafter referred to as the "the company in this case") which is engaged in landscaping planting business.
The Plaintiff asserted that the instant company has a loan claim of KRW 150,000,000,000, and filed an application for provisional attachment against the instant company (the instant company’s claim for the construction cost of “G landscaping construction” ordered by the Busan Metropolitan Office of Education, which is the garnishee; hereinafter “instant claim”) and obtained the Busan District Court’s decision of provisional attachment (the Busan District Court Order 2013Kadan20597, Nov. 22, 2013).
(2) Defendant C filed an application for a payment order seeking payment of the said amount with the fact that he/she did not receive KRW 32,626,00 for construction price against the instant company, as a person who runs a wholesale and retail business in mutual name (However, his/her father I actually operates) and the instant company was not paid the construction price of KRW 32,626,00.
On December 13, 2013, Busan District Court 2013Da19758 issued a payment order, but the above company (the representative director was the J) was not dissatisfied with it.
Defendant C, based on this, obtained the seizure and collection order (the Busan District Court Order 2014TTTTT 1991 dated January 22, 2014, the claimed amount of KRW 33,485,899) against the instant claim.
(3) As K’s wife operating the instant company, Defendant D asserted that the instant company has a loan claim of KRW 100 million, and applied for a payment order seeking payment.
On December 13, 2013, Busan District Court 2013 tea 19767 issued a payment order, but the payment order also became final and conclusive as it did not object to the above company.
Defendant D, based on this, obtained the seizure and collection order of the instant claim (the Busan District Court Order 2014 Dolsan 1992 dated January 22, 2014, the claimed amount of KRW 109,505,903).
B. During the process of the distribution procedure, the Plaintiff’s provisional attachment decision and the Defendants’ respective claims seizure and collection order, etc.