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1. The plaintiff (appointed party)'s claim is all dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Basic facts
A. The status of the party is that the Plaintiff was working in C (hereinafter “C”) for the installation of solar power infrastructure, the production and distribution of solar sun-lights, etc., and the Plaintiff was appointed as the representative director of C on November 24, 2012. However, the Plaintiff was suspended from performing his/her duties due to a provisional disposition suspending performance of duties by the Daegu District Court 2012Kahap531. At present, the Plaintiff was appointed as the representative director of C’s representative director.
The defendant is a corporation that is established for solar power generation projects and operates E-solar power plants in Yong-Namnam-gun D.
B. (1) On November 16, 2010, the Plaintiff applied for a payment order against C with the Daegu District Court 2010 tea12099, and on November 24, 2010, issued a payment order with the purport that “C shall pay to the Plaintiff 68,467,198 won and the amount of KRW 61,564,200 per annum from December 2, 2010 to the date of full payment.” The above payment order was served to C and finalized around that time.
(2) On June 25, 2015, the Plaintiff asserted that C has a claim against the Defendant, such as lease charges, loan repayment, etc., and that the Daegu District Court (Seoul District Court 2015TTTTB 9469) calculated the total of KRW 133,031,398 as the claim amount based on the payment order under the foregoing paragraph (1) as the Daegu District Court 2015TTT 9469, and made C as the obligor B and the Defendant as the third obligor, filed an application for the seizure and collection order against C as to KRW 133,031,398 as the amount of the claim, such as lease charges, loan repayment, etc. under the E-solar power generation system installation contract with the Defendant, and issued the seizure and collection order (hereinafter “instant seizure and collection order”) to the Defendant on July 16, 2015. The above order became final and conclusive around July 16, 2015.
C. The order of seizure and collection (1) of the Appointex Co., Ltd.