A. On October 4, 2011, the Plaintiff filed a claim against B for a loan with Jeju District Court No. 201j2554, the Plaintiff paid to B the amount equivalent to KRW 63,150,000, KRW 63,150,000, and KRW 63,150,000 per annum from October 13, 201 to the date of full payment. The payment order was issued to B that “The expenses for demand shall be borne by B.” On October 27, 2011, the payment order became final and conclusive.

B. Since then, the Plaintiff received reimbursement of KRW 60,00,000 from B on December 23, 2013, and KRW 20,337,260 on April 17, 2015, and KRW 5,870,00 on May 4, 2015, respectively.

C. As to KRW 20,964,746 of the above claim against B, the Plaintiff filed an application for a seizure and collection order with the Jeju District Court 2015TT 2941 as to the wage claim against B against the Defendant. On May 27, 2015, the Plaintiff received a seizure and collection order from the above court, and the said seizure and collection order was served on June 1, 2015.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 3, 7, and 8, and the facts of recognition as to the ground for a claim as a whole, barring any special circumstance, the defendant is obligated to pay damages for delay from November 19, 2015, which is the day following the delivery date of a copy of the complaint of this case where the defendant filed a claim for the collection amount against the plaintiff for the above collection amount of KRW 20,964,746 and KRW 20,759,90 among them.

[On the other hand, the Plaintiff claimed damages for delay from the day after requesting for the above collection order, but the garnishee is liable for delay in relation to the amount equivalent to the amount of the claim seized to the execution creditor, not from the time when the execution court delivered the collection order, but from the day after receiving the claim from the execution creditor after the issuance of the collection order (see, e.g., Supreme Court Decision 2010Da47117, Oct. 25, 2012).