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1. The main part of the lawsuit in this case shall be dismissed.
2. The defendant shall have jurisdiction over the Republic of Korea to the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff: (a) lent 50 million won per annum to Karaba Group Co., Ltd. (hereinafter “Karaba Group”); (1) up to December 31 of the same year, the Plaintiff loaned 50 million won per annum to Karaba Group on July 31, 2013 (30% per annum of delay damages); (b) pursuant to a monetary loan agreement with the purport that “the Plaintiff shall naturally lose the benefit of time if the Kaba Group delays the payment of the principal and interest, and shall not raise an objection even if it was immediately subject to compulsory execution,” and (c) pursuant to a notarial deed with the purport that “the Plaintiff shall lend 30 million won per annum interest (30% per annum of damages); (d) pursuant to a Kaba Group on July 31, 2013, 2000 won per annum from June 30 to August 31, 2015, each of the above loans for consumption shall be made up immediately by dividing 20,000 won per annum.
(hereinafter “each notarial deed of this case”). (b)
On October 17, 2013, the Plaintiff filed an application for a compulsory auction with the Chuncheon District Court 2013No1045 on the corporeal movables owned by the Karaba Twit on the basis of each of the instant deeds. On October 24, 2013, the enforcement officer of the said court seized the corporeal movables owned by the Karaba Twit on the same date.
(hereinafter the above auction procedure is "the auction procedure of the corporeal movables in this case", and the above seizure is "the seizure" of this case.
However, on October 31, 2013, the Defendant entered into a contract to establish a collateral security right with the content that the Defendant as the Defendant for a crypt, which is a part of the corporeal movables attached as above, as to the crypt, as to the crypt for camping the said corporeal movables, as well as the instant corporeal movables: (a) concluded a contract to establish a collateral security right with the Defendant; (b) on November 1, 2013, the receipt of the Chuncheon District Court’s receipt No. 4 (hereinafter “instant collateral security right”); and (c) on November 13, 2013, the Defendant demanded a distribution based on the instant collateral security right during the instant corporeal movables auction procedure.