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

가. 농업회사법인 주식회사 B(이하 ‘B’라 한다)는 2013. 6. 22.경 C에게 C 운영의 경북 D에 있는 E 농장에 B 소유의 자돈(仔豚, 새끼 돼지)을 공급하여 사육하도록 하고 그 대가로 C에게 출하 돼지 1두당 35,000원씩의 위탁사육비를 지급하기로 하는 돼지위탁계약을 체결한 다음, 이 사건 농장에 자돈 1,607두를 입식하여 757두를 출하받았다.

B. The Plaintiff filed an application for seizure of corporeal movables in the instant E farm based on the executory exemplification of the performance recommendation decision for the construction cost under the Gun court of the Gun branch of the Daegu District Court 2013Gau463, and accordingly, the Plaintiff executed seizure under the Daegu District Court 2013 Du119 on September 11, 2013.

However, among the pigs owned by B in the said farm on the list of seized objects attached to the attachment report, 200 kg was included in the list of seized objects, and no enforcement officer did take measures to distinguish what pigs were seized.

C. On November 29, 2013, which was after the enforcement of the above attachment, B settled the credit and obligation with C on November 29, 2013, 56,245,000 won (i.e., 1,607 x 35,000 won) for consignment raising expenses to be paid by B to C, and 3,90,000 won for pigs (i.e., 39 x 100,000 won) for which C was closed, and 16,80,000,000 won for destroyed pigs (i.e., 56 x 300,000 won) for which C was seized as above (i.e., 200 x 200 x 2000 x 200,000) for which C was paid to B (i.e., 4,005,0050 won)

Upon the settlement of accounts, B carried out 507 heads of pigs remaining in the farm.

B As above, there was a dispute between the Plaintiff and B in relation to the number of pigs remaining at the time of shipping 507 pigss ( Daegu District Court Decision 2014Da46225, 2015Na307287). However, B remains 707 dus and carried out the remainder other than the seized 200 dus.