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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) The Plaintiff, a notary public of D, issued a collection order (Seoul Central District Court 2015TTT 3002) with respect to the benefit claim against D’s literary engineering corporation (hereinafter “foreign company”) with the amount claimed as KRW 71,227,480, based on the authentic copy of the No. 1713 of the No. 1714, an executory title and the collection order (hereinafter “No. 2015TT”) on the authentic copy of the No. 1713, 2014.
(2) The Defendant issued a collection order (Seoul Central District Court 2015TTT 6156) with respect to D’s wage claim against D’s non-party company at KRW 70,000,000 on the authentic copy of a notarial deed of monetary loan agreement, which was executed by Law Firm Songwon, No. 172, 2015.
B. In the distribution procedure conducted to the Seoul Central District Court C with respect to the wage claim against the non-party company D (1) of the distribution schedule, the above court drafted a distribution schedule with the content that the Defendant distributes KRW 547,617 to the Plaintiff, each collecting authority, KRW 55,191, as the collection authority, at KRW 2,226,436, which deducted the enforcement cost among the amount to be distributed on October 2, 2015, and KRW 2,226,436, which is to be distributed to the non-party company.
(2) On the date of the above distribution, the Plaintiff stated an objection to the whole amount of the dividend to the Defendant.
C. Around December 2014, the process of the preparation of each of the above notarial deeds (1) D and E, their spouse, were confirmed to have borrowed KRW 10,00,00 from the Plaintiff on June 5, 2012; KRW 20,000,000 on July 6, 2012; KRW 20,000,000 on September 11, 2012; and KRW 10,000,00 on August 5, 2014; and KRW 9,70,000,00 on November 5, 2014, respectively, and D prepared and issued a loan certificate to the effect that E’s joint and several debt is secured.
(2) After that, D and E borrowed KRW 70,00,000 from the Plaintiff on December 9, 2014, as a notary public drafted by the Plaintiff on December 2014, and KRW 40,00,000 from the Plaintiff, and KRW 70,000 on December 31, 2015, and KRW 30,000,000 on June 30, 2016. D and D jointly and severally guaranteed E’s debt, and when D and E fail to perform the said debt, they shall be subject to compulsory execution.