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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. (1) On December 21, 201, the Plaintiff’s claim attachment and collection order, etc. (i.e., the Plaintiff’s claim attachment and collection order) was issued by the Incheon District Court Decision 201Kadan17064, Dec. 21, 201.
(2) On December 26, 2011, the provisional attachment order was served on the Defendant by having the obligor, the Defendant, the third obligor, the claim amounting to KRW 87,344,313, and the claim amount to be provisionally seized as “amount to the above claim amount among the claim amount for goods against the Defendant,” and the above provisional attachment order was served on the Defendant on December 26, 201. (2) The Plaintiff filed a lawsuit against hydroelectronic as Incheon District Court 201Da119032.
On March 7, 2012, the above court sentenced the Plaintiff to the effect that “Ssung Electronic shall pay 87,344,313 won and 20% interest per annum from December 20, 201 to the date of full payment,” and the above judgment became final and conclusive around that time.
3) On August 2, 2016, the Plaintiff: (a) as an executive title of the foregoing judgment, the Incheon District Court 2016TTY 2016TY 17733; (b) as the obligor and the Defendant; (c) transferred a provisional attachment of KRW 87,344,313 by the provisional attachment order of this case among the goods payment claims against the Defendant of the hydroelectronic; and (d) additionally seized the claims of KRW 80,165,328, and KRW 167,509,641 (= KRW 87,344,313,80,165,328), the Plaintiff was authorized to collect the claims of KRW 167,509,641 (i.e., KRW 87,344,313,80,328).
(2) On August 9, 2016, the instant collection order was served on the Defendant on August 4, 2016. The Plaintiff requested the Defendant to pay the price of the goods in accordance with the instant collection order. (b) The transfer of claims and the Defendant’s money deposit1) Meanwhile, on December 21, 201, the hydroelectronics transferred KRW 100,000,000 to the Defendant and transferred the said claim to the Defendant on the same day.