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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. The plaintiff, around September 2009, issued a provisional seizure and collection order to the Daejeon District Court 2009T (hereinafter referred to as "non-party company") with the debtor C as the defendant, the third debtor as the defendant, the amount of the claim 26,30,719 won, and the amount of KRW 23,595,000, which was provisionally seized by the provisional seizure order of claim No. 2009Kadan3480 among the plaintiff and the non-party company, as the provisional seizure order of claim No. 2009Kadan3480, was transferred to the provisional seizure. The remaining 2,705,719 won is seized. The plaintiff requested the provisional seizure and collection order to transfer the provisional seizure that the plaintiff can collect, and on September 28, 2009, issued the above provisional seizure and collection order from the above court. The above claims were served to the defendant at that time.
B. Furthermore, around June 201, the Plaintiff: (a) issued a provisional seizure and collection order by the Daejeon District Court Decision 2011TTB1T10619; (b) the garnishee was the Defendant and the third obligor KRW 40,045,955; and (c) the amount of KRW 35,50,000, which was provisionally seized by the provisional seizure order of claim No. 2010Kadan8735 between the Plaintiff and the non-party company, was transferred to the seizure; and (d) the remaining KRW 4,545,955 was seized; and (e) requested the seizure and collection order to transfer the seized claims to the original seizure; and (e) on June 14, 2011, issued the seizure and collection order (hereinafter the above each seizure and collection order was referred to as “each of the instant claims and collection order”); and (e) the above seizure and collection order was served to the Defendant around that time.
C. Details of each of the claims of this case, indicated in the collection order, are as follows.
Under the sales agency contract between the non-party company and the defendant (the E Center PF business of the Daejeon U.S. World District D), the non-party company will receive the payment from the defendant, the refund bond for the sales agency and the lease fee, the claim for the refund of capital, the claim for the refund of capital, the model cargo operation fee, and the non-party company.