A. On August 22, 2016, the Plaintiff filed a lawsuit against D for damages with the Incheon District Court 2016Gaso79461, and on February 8, 2017, “D shall pay to the Plaintiff 10,000,000 won and the amount calculated by the rate of 5% per annum from August 29, 2016 to February 8, 2017, and 15% per annum from the next day to the day of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.

B. On February 14, 2017 at the request of D and the Defendant, its branch, a notary public, drafted a promissory note No. 318, which was written at the issuer D, the payee, the Defendant, the face value of KRW 15,00,000, and a promissory note No. 318 at the sight of the due date (hereinafter “notarial deed of this case”).

C. The instant judgment and the instant notarial deed commenced on June 19, 2017 according to the report of the cause of deposit of the dividend amount by the enforcement officer in a compulsory execution based on the instant judgment and the instant notarial deed, as the Incheon District Court C.

On September 21, 2017, the execution court distributed 422,259 won to the Plaintiff on the date of distribution on the date of distribution, on the ground that the Plaintiff is a seizure authority based on the instant judgment, and prepared a distribution schedule that distributes 616,252 won of the amount of distribution to the Defendant on the ground that the Defendant is a seizure authority based on the instant notarial deed.

The Plaintiff appeared on the date of distribution, and stated an objection against the full amount of the distribution to the Defendant, and filed a lawsuit of demurrer against distribution on September 27, 2017.

[Ground of recognition] Evidence Nos. 1, 2, Eul's Evidence No. 1, and the purport of the whole pleadings

2. The following circumstances revealed in the above facts of recognition: (i) the Defendant and D are close to them; (ii) the Plaintiff’s commission was made between D and the Defendant on February 14, 2017, immediately after the Plaintiff was sentenced to the instant judgment on February 8, 2017; and (iii) the Defendant’s commission was written on D and D on the basis of “D as attorney fees, etc., KRW 8,000,000,000 for daily living expenses.”