1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a notary public with respect to C Co., Ltd. (hereinafter “C”), who holds a bond based on a notarial deed No. 935, 2019 (hereinafter “instant bond”).

B. On June 10, 2019, E Co., Ltd. received a claim attachment and collection order (No. 2019T. 2019T. 5903) against KRW 3,291,314 of the claim for the purchase price of goods against the debtor and the defendant as the third debtor, and the above decision was served on the defendant on June 13, 2019.

C. On July 17, 2019, the Plaintiff was issued an assignment order and attachment order (the Government District Court No. 2019T. 2019T. 2429; hereinafter “instant assignment order”) with respect to “The amount until C reaches KRW 171,438,695 out of the goods price claim that should have been supplied and received from the Defendant for the supply of clothes and future supply” as the obligor and the Defendant as the garnishee.

On July 22, 2019, the above ruling was served on the Defendant, and on August 22, 2019, to C, an obligor, respectively, and was finalized on August 30, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Defendant received the instant order against C on the basis of the instant claim against C, but the Defendant merely notified C of the settlement of accounts with the purport that it is obligated to pay KRW 67,843,69, out of the price of the goods, and did not pay the Plaintiff the full amount. As such, the Plaintiff sought payment of KRW 171,438,695 and delay damages as indicated in the purport of the claim.

3. Determination

A. Where another creditor with respect to a monetary claim has seized, provisionally seized, or demand for distribution until an assignment order of related legal principles is served on the garnishee, the assignment order shall not have effect.

(Article 229(5) of the Civil Execution Act). Two or more claims seizures and assignment orders are issued for the same claim, and they are issued to the third obligor.