1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff filed a lawsuit against D on June 11, 2015 against Cheongju District Court Decision 2015Kadan6498 on the ground that “The Plaintiff transferred KRW 40 million from the Plaintiff’s agricultural bank account to Nonparty D’s account for non-performance.” On April 7, 2016, the Plaintiff filed a lawsuit seeking restitution of unjust enrichment with Cheongju District Court Decision 2015Da6498 on the ground that “D shall pay to the Plaintiff the amount calculated at the rate of KRW 40 million per annum and 15% per annum from February 19, 2016 to the date of complete payment” (hereinafter “instant judgment”). The said judgment became final and conclusive on May 24, 2016.

On May 2016, the Plaintiff was also issued a provisional attachment order of KRW 40 million against the obligor D, 3 obligor Industrial Bank of Korea, and the claim amount of KRW 40 million by the pertinent court under the Cheongju District Court Assistance 2016Kadan269 (hereinafter “instant provisional attachment order”).

B. On the other hand, on March 23, 2016, the Defendant issued a collection order under Seoul Eastern District Court 2016TTTT 201, and the Defendant’s notary public against D, based on the original copy of a monetary loan agreement with D, third obligor Industrial Bank of Korea, etc., the claim amounting to KRW 143 million (the claim amounting to the Industrial Bank of Korea of KRW 143 million among the total claim amounting to KRW 143 million), and issued a collection order under the Seoul East Eastern District Court 2016TTT 2015 (the execution procedure against the claims against the Industrial Bank of Korea of Seoul East East District Court), and the Plaintiff as the creditor of the provisional seizure and the provisional seizure order under the Seoul East Eastern District Court 200 million won (the execution order against the claims against D's deposit money to the Industrial Bank of Korea).

The Seoul Eastern District Court shall distribute the amount of KRW 18,466,338 to be actually distributed on the date of distribution on June 28, 2016 to the plaintiff who is the person entitled to provisional seizure according to the amount of each claim of the original defendant, and distribute it to the plaintiff who is the person entitled to provisional seizure.