The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

1. The Plaintiff, based on the executory payment order in the materials cost case No. 2018 tea47777, the Daejeon District Court rendered a decision on the seizure and collection order of KRW 37,033,749 among the claims against the Defendant of the non-party company (hereinafter “decision on the collection of the seizure of this case”), pursuant to the Daejeon District Court Decision No. 2011, the Plaintiff was issued a decision on December 24, 2018 on the seizure and collection order of KRW 37,03,749 among the claims against the Defendant of the non-party company. The above decision on the collection of the seizure was served on the Defendant on December 24, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant, as the obligor of the non-party company, bears the obligation to pay for the goods equivalent to KRW 89,389,949, and accordingly, is obligated to pay KRW 37,033,749, within the scope of the claim amount, to the Plaintiff according to the decision to collect the seizure of this case.

B. Although the Defendant was liable for the amount of KRW 89,389,949 to the non-party company, the Defendant paid KRW 28,479,107 to the non-party company on March 7, 2018, with the Defendant’s automatic claim equivalent to KRW 58,904,340 on March 23, 2018, and the amount of KRW 58,90,00 on March 23, 2018, the Defendant paid KRW 28,479,107 to the non-party company by transferring the amount to the account under the name of the non-party company from January 26, 2018 to November 30, 2018, the Defendant agreed to set off the claim against the non-party company against the non-party company’s obligation to pay the amount of KRW 22,262,788 on November 30, 2018.

3. Determination

(a) The existence of the seized claim in a collection lawsuit based on the collection order, shall be attested by the creditor;

Supreme Court Decision 2013Da40476 Decided June 11, 2015, etc.