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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. On March 30, 2016, based on the original copy of the decision to recommend a compromise in service costs in the case of Han River Engineering Co., Ltd., the Plaintiff filed a claim attachment and collection order (Seoul District Court 2016TY 4673, claim amount of KRW 698,501, 333) with the debtor, and filed a claim attachment and collection order (the claim amount of Gwangju District Court 2016TW 4673, claim amount of KRW 698,501, 333) on March 30, 2016.
B. At that time, the claim amounting to KRW 110,000,000 against the Han River Engineering Co., Ltd. (hereinafter “instant dividend claim”) was already collected from the United Nations on the seizure and collection order of the claim against the Sung-Hy structure Co., Ltd. (Seoul District Court 2015T&15927, claim amounting to KRW 12,840,670).
C. On May 10, 2016, the Plaintiff filed an assignment order of the claim against KRW 97,159,330, which is a part of the claim, on May 3, 2016, and received the decision on May 10, 2016. The said assignment order (hereinafter “instant assignment order”) was sent to L&S Co., Ltd. on May 12, 2016 and became final and conclusive on May 27, 2016.
On May 17, 2016, the Defendant seized the instant dividend claim as a taxation right holder against Han River Engineering Co., Ltd.
E. On July 20, 2016, the Gwangju District Court distributed KRW 15,577,30 to the Jeju District Court, and KRW 79,960,550 to the Jeju District Court, and KRW 14,247,40 to the Plaintiff, respectively, in the distribution procedure conducted on the instant dividend claim.
F. On the date of the above distribution, the Plaintiff raised an objection against the full amount of the dividend to the Defendant, and thereafter filed the instant lawsuit against the Defendant on July 25, 2016, which was within one week from that date.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2 (including each number), and the purport of the whole pleadings
2. Determination as to the cause of the claim