1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 4, 2019, the Plaintiff filed an application with Changwon District Court for a payment order with C (hereinafter “C”) to the Changwon District Court Kim Jong-si court (hereinafter “C”), and on April 4, 2019, the said court issued a payment order with the content that “C shall pay to the Plaintiff 135,398,47 won and damages for delay calculated at the rate of 15% per annum from the next day of the delivery of the original payment order to the day of complete payment, and damages for delay calculated at the rate of 15% per annum from the next day of the delivery of the original payment order, and the said payment order was served to C on April 15, 2019 and confirmed as is on April 30, 2019.

B. The plaintiff is the above A.

On April 25, 2019, prior to the confirmation of the order for payment of goods under paragraph (1), the Changwon District Court 2019Kadan10838, which was the debtor, and the defendant as the third debtor, was issued a provisional attachment ruling on the "the amount equivalent to KRW 135,398,447, out of the claims for the purchase price of goods that C delivers to the defendant and that C will receive from the defendant," and the provisional attachment ruling was served on April 29, 2019 on the defendant.

C. After that, on July 18, 2019, the Plaintiff issued a provisional attachment order (hereinafter “instant attachment and collection order”) to transfer the provisional attachment to the Defendant and to the Defendant as the garnishee, and on July 22, 2019, the Plaintiff was served on the Defendant on July 22, 2019, the provisional attachment order of KRW 135,39Kadan10838, the Changwon District Court 2019Kadan10838, which is a provisional attachment order between the Plaintiff and C, with the effect that “The provisional attachment of KRW 135,398,447, among the claims under the provisional attachment order between the Plaintiff and C, shall be transferred to the Defendant, and the claim amounting to KRW 6,046,718, out of the claims for the purchase price of goods to be paid by C, and the Plaintiff may collect the above seized claims,” and the above provisional attachment order was served on the Defendant on July 22, 2019.

On the other hand, C paid KRW 40,000,00 to the Plaintiff on August 1, 2019.

[Ground of recognition] The facts without dispute, Gap evidence 1, Gap evidence 2, 3 (including each number), Gap evidence 5, and all pleadings.