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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 14, 2014, the bus belonging to Thai Railroad Co., Ltd. caused a traffic accident and died of the deceased E. Accordingly, on March 22, 2017, the Seoul Central District Court rendered a judgment that “F will pay F the amount of KRW 25,122,918 and the amount of delay damages,” which became final and conclusive.
B. On July 17, 2015, D: (a) a notary public of F on July 17, 2015, based on the executory exemplification of a notarial deed No. 11 in 2015, the claim amount of KRW 100,000,000; (b) a notary public of F issued a seizure and collection order of KRW 100,000,000,000,000 in Seoul Central District Court for the Federation of Bus Transport Business (Seoul Central District Court Decision 2015Da5027890) against the Federation of Korea Bus Transport Business; and (c) this was served on the Federation of Korea Bus Transport Business on July 22, 2015.
C. On December 14, 2015, the Plaintiff acquired the entire claim for the collection from D, and around that time, delegated the notification of the assignment of claims from D and notified the Federation of Korea Bus Transport Business Associations.
On March 23, 2017, the Defendant issued a seizure and collection order on KRW 85,275,130 of the claimed amount based on the authentic copy of a notarial deed with executory power (hereinafter “notarial deed of this case”) No. 121, 2017 against F on March 23, 2017 (hereinafter “notarial deed of this case”). The Defendant issued a seizure and collection order on KRW 85,275,130 of the claimed amount among the claims to be paid by the Suwon District Court Decision 2017TTT 2017TT 1019 against the Federation of the National Bus Transport Business Associations of Korea (Seoul District Court Decision 2015Da5027890). This was served on the Federation of the National Bus Transport Business Associations on March 28, 2017.
E. On April 27, 2017, the Federation of the National Bus Transport Business Associations is by the Seoul Central District Court Decision 2015Da5027890, on the grounds that the seizure of the Plaintiff and the Defendant competes with each other.