1. The defendant's case of unjust enrichment against the plaintiff was dated December 22, 2016 by Busan High Court (original Court) 2016Na21974.

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff for unjust enrichment under the title of 2015Kahap10987 with the Changwon District Court Tongwon Branch, and the instant lawsuit was concluded on December 22, 2016 from the appellate court [the Busan High Court 2016Na21974] to the effect that “the Defendant shall pay the Plaintiff KRW 70,000,000 to the Plaintiff up to March 31, 2017, and the amount unpaid shall be paid at the interest rate of 15% per annum for the unpaid amount until the full payment is made” (hereinafter “instant conciliation”).

B. C, the Defendant’s obligee, KRW 150,00,000, the amount claimed on July 7, 2016, is KRW 150,000, which the Defendant had against the Plaintiff as the head of Changwon District Court Tong-won Branch 2016Kadan709.

In relation to claims to return unjust enrichment stated in paragraph (1), the provisional seizure of claims was decided, and the amount claimed on September 27, 2017 was KRW 75,264,383, and the provisional seizure and assignment order of claims was issued to the Changwon District Court 2017TTT3593 (hereinafter “instant claims seizure and assignment order”).

C. The instant claim attachment and assignment order was served on October 12, 2017 on the Defendant, the debtor, and on September 29, 2017, to the Plaintiff, the third debtor, respectively, and was finalized on October 20, 2017.

On the other hand, according to the conciliation protocol of this case, the defendant applied for a compulsory auction of real estate on the real estate owned by the defendant by Changwon District Court D, and accordingly, the auction procedure is in progress.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination as to the cause of action

(a) Where an assignment order of related legal principles is confirmed, the assigned assignment order shall retroactively be transferred to the entire obligee from the time when the assignment order was served on the garnishee, and accordingly, the execution claim shall be deemed to have been repaid within the limit of the claim amount of the assignment order.

The effect of the extinction of such executory bond is to be fulfilled by the executory creditor from the garnishee in reality.