1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 5, 2019, the Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”) as to the deposit claim against D against the Defendant based on the executory exemplification of the conciliation protocol in the Busan District Court Decision 2013Da42270 (former), based on the executory copy of the conciliation protocol in the case of damages claim against D, with the amount claimed as KRW 31,273,972, which is the amount claimed as KRW 31,273,972.

B. On April 10, 2019, the instant order of seizure and collection was served on the Defendant.

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

2. The assertion and judgment

A. The plaintiff asserts that the defendant is entitled to claim payment of KRW 31,273,972 and damages for delay on the basis of the collection order based on the seizure and collection order of this case.

B. In a collection suit based on the judgment attachment and collection order, the existence of the seized claim ought to be attested by the Plaintiff, the creditor (see, e.g., Supreme Court Decision 2013Da40476, Jun. 11, 2015), and each statement of evidence Nos. 3 and 4 is insufficient to recognize that the deposit claim against the Defendant exists, and there is no other evidence to acknowledge it.

Rather, according to the statement Nos. 3-1 and 2 of the evidence Nos. 3-2, it is recognized that there is no balance from April 4, 2019 to the date of closing the argument of this case in the name of D (Account Number E) traded with the defendant.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.