2. The costs of lawsuit shall be borne by the Plaintiff.

A. C on November 12, 2003, between the Defendant and the Defendant, entered into a Category D insurance contract with the content as listed below (hereinafter “instant insurance”). At present, the implementation and rights under the insurance contract are as listed below.

B. On March 29, 2004, the Plaintiff extended a loan of KRW 50 million to C, and received a payment order from C on September 2, 2014, this Court issued a payment order from September 2, 2014, and the said payment order was finalized on October 17, 2014.

C. The Plaintiff, a title of execution, issued a seizure and collection order (hereinafter “instant seizure and collection order”) against KRW 76,361,969, out of the insurance claim or claim for return of cancellation deposit under the instant insurance contract, as the Jeju District Court 18TTT 238, with the title of execution of the said payment order.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings.

2. Determination

A. The plaintiff's assertion is the creditor who received the seizure and collection order of this case, and the insurance contract of this case is terminated by the duplicate of the complaint of this case.

Therefore, the plaintiff claims part of the claim against the defendant in accordance with the seizure and collection order of this case. The defendant is obligated to pay 38,895,232 won out of the insurance money or the amount of the amount of the refund of cancellation to C under the insurance contract of this case to the plaintiff as the collection obligee

B. Determination 1) Article 246(1)7 of the Civil Execution Act of the relevant legal doctrine provides that “No claim for insurance proceeds (including refund for termination or maturity) of a guaranteed insurance that a debtor receives on the ground of life, injury, disease, accident, etc. shall be seized.” The scope of prohibition of seizure is to be determined by Presidential Decree in consideration of the cost anticipated to be incurred in maintaining livelihood, treating, and recovering from disability. A creditor under Article 6(1)3(a) of the Enforcement Decree of the Civil Execution Act is to exercise the debtor’s right to terminate the insurance contract in accordance with Article 404 of the Civil Act.