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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 29, 2004, C, the representative director of B Co., Ltd. (hereinafter “B”), prepared and issued to the Plaintiff a written confirmation of balance indicating that the amount of debt equivalent to KRW 127,202,263 remains.
B. On May 18, 2005, the Plaintiff filed a payment order against B and C with the Jung Government District Court Decision 2005 tea5435, and on June 3, 2005, the Plaintiff received the payment order (hereinafter “instant first payment order”) from the above court that “B and C jointly pay to the Plaintiff KRW 110,040,650, and the amount at the rate of 20% per annum from the day following the delivery of the original copy of the payment order to the day of complete payment.” The above payment order was finalized on July 12, 2005.
C. On June 23, 2015, the Plaintiff filed a new payment order with the Jung-gu District Court 2015Guj3663 for the interruption of the extinctive prescription of the claim based on the instant payment order, and on the same day, “C shall pay to the Plaintiff the amount equivalent to KRW 110,040,650 per annum 20% per annum from June 28, 2005 to the date of complete payment” (hereinafter “instant second payment order”). The Plaintiff received the instant payment order (hereinafter “each of the instant payment orders”), and the said payment order was finalized on August 4, 2015.
C In order to exclude the enforcement force of each of the instant payment orders on December 28, 2017, it is currently pending in the lawsuit by filing a claim objection suit with the District Court 2017da135792.
E. On February 20, 2017, based on the original copy of the instant second payment order against C, the Plaintiff received a claim attachment and collection order (hereinafter “instant collection order”) with respect to C’s claims for remuneration, bonuses, retirement allowances, etc. against C by the District Court 2017TT 2495. The instant collection order was served on the Defendant around that time.
F. Meanwhile, B, D (hereinafter “D”) and Defendant.