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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts of the facts of the recognition do not conflict between the parties, or may be admitted by comprehensively considering the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 10, and there is no counter-proof.
D On May 28, 2010, the Plaintiff entered into a lease agreement with E, the spouse of which was jointly owned (each 1/2 equity interest) with the Defendant on each of the terms of KRW 200 million, KRW 10 million, and KRW 10 million, and the period from June 10, 2010 to June 9, 2012.
B. On April 9, 2012, by a notary public against D with respect to the Defendant’s rent obligations against D, a notary public applied for the seizure and collection order of the claim amounting to KRW 300 million against the Defendant under the creditors H, the obligor D, and the third obligor’s District Court Decision 2012TTT No. 20270, Apr. 12, 2012, where the obligee H, the obligor D, and the third obligor are four persons other than the Defendant, for the seizure and collection order of the said claim amount. On April 12, 2012, the said court rendered a decision identical to the above contents of the claim. The above seizure and collection order of the claim was served on the Defendant on April 16, 2012.
C. On July 5, 2012, the Plaintiff filed a request for the seizure and collection order with the obligor D and the third obligor as the Defendant and four others, and the amount claimed as KRW 620,547,945 (the claim amount against the Defendant among them) upon the receipt of the payment order for the loan claim (201j1983, the Namyang-si District Court 201, the Namyang-si District Court 201, the Namyang-si District Court 2012, the repayment order for the loan claim (hereinafter “instant claim seizure and collection order”). On July 9, 2012, the said court issued a decision identical to the above contents of the instant claim (hereinafter “instant claim seizure and collection order”), and the seizure and collection order of the instant claim were served on the Defendant on July 11, 2012.
On November 20, 2014, the Defendant: (a) taken over KRW 1.5 billion out of 3.5 billion in the Notarial Deed of Promissory Notes No. 1293 on the notarial Deed No. 1293 of the G law Office; (b) notified D of this fact; and (c) on December 18, 2015, the Defendant himself/herself from H.