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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. The total cost of a lawsuit shall be borne individually by each party.
Reasons
1. Basic facts
A. B, while issuing a promissory note worth KRW 14,550,000 to the Plaintiff, a notary public, with respect to the said promissory note, drafted each authentic deed with No. 380 of 2014 and No. 628 of 2014.
B. On July 7, 2014, based on each authentic deed with the above executory power, the Plaintiff was issued a seizure and collection order (hereinafter “instant claim seizure and collection order”) regarding the amount until it reaches KRW 14,550,00 of the claimed amount among the claim to refund the lease deposit (hereinafter “instant claim”) against the Defendant, which was KRW 503,00,00, which was held by Suwon District Court Suwon District Court KRW 2014 Table block 503, 100, and KRW 100,000 among the claims to refund the lease deposit (hereinafter “instant claim”).
The above order of seizure and collection was served on July 9, 2014 on the defendant.
C. Meanwhile, the seizure of B’s bonds is concurrent upon the receipt of the instant bonds or the issuance of a collection order by designating the Defendant as the garnishee with respect to the said bonds. On April 21, 2017, pursuant to Article 248(1) of the Civil Execution Act, the Defendant delayed deposit of KRW 97,505,970 (Costs 1,8,7700, KRW 308,000, KRW 1000, KRW 738, KRW 2017, KRW 738, KRW 950, KRW 2456, KRW 2018, KRW 2018, KRW 2456, KRW 1,527,570 (Costs 1,80, KRW 308,770, KRW 300, KRW 106,000, KRW 1400, KRW 1000, KRW 409, KRW 9759, KRW 97,5097, KRW 97096,
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and Eul evidence 7 (including each number), the purport of the whole pleadings
2. The gist of the parties' arguments is that the plaintiff as the collection right holder claims the payment of the collection amount of KRW 14,550,000 and damages for delay against the defendant. On the other hand, the defendant made a full deposit for execution of the claim in this case, thereby extinguishing all of the claims in this case.