1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 20, 2012, based on the authentic copy of a promissory note No. 667, 2012 by a notary public, the Plaintiff was subject to attachment and assignment order with respect to money in the current or future deposits, including bank accounts of account number 163401-04-001172 (hereinafter “instant account”) held against the Defendant by the Daejeon District Court Branch No. 2012, Jul. 2012, 2012 (hereinafter “Nonindicted Company”) and the number of non-party 1638,80,000 out of the claim for refund of investment money, until the said amount is KRW 338,80,000 among the claim for refund of investment money.

(hereinafter “instant attachment and assignment order”). The above attachment and assignment order was served on the Defendant on July 25, 2012, and became final and conclusive on August 7, 2012.

B. The instant account was deposited in KRW 79,478,844 on July 25, 2012, but the balance on August 17, 2012 increased to KRW 87,650,744, and the balance on December 13, 2014 increased to KRW 111,583,146.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. Assertion and determination

A. According to the facts found in the judgment on the cause of the claim, barring any special circumstance, the Defendant is obligated to pay KRW 111,583,146 deposited in the account in this case to the Plaintiff to whom the claim of the non-party company’s deposit was transferred pursuant to the seizure and assignment order of this case and delay damages therefrom.

B. The Defendant’s defense of set-off against the Defendant, prior to being served with the attachment and assignment order of this case, had a claim for a loan of KRW 437,00,000 against the Nonparty Company, and thus, the Defendant’s defense that the said loan claim offsets the Plaintiff’s claim against the entire amount

Where a garnishee who has been issued an order of seizure has an opposing claim against a garnishee, if both claims conflicting at the time the seizure takes effect are offset, or if the time when the seizure takes effect has not yet arrived, it shall be the same as the time when the claims subject to seizure are due.