1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 18, 2017, the Plaintiff filed an application for attachment and assignment order with the obligee, obligor D, third obligor, Defendant, claim amounting to KRW 100,000,000, with a notary public at the Jeonju District Court’s Gunsan Branch on the basis of a notarial deed No. 927, No. C in 2017, the Plaintiff filed an application for attachment and assignment order.

B. On December 20, 2017, the foregoing court issued an attachment and assignment order (hereinafter “instant attachment and assignment order”) with the content that the claim regarding D’s monthly amount of business income and the balance obtained by deducting taxes and public charges from D based on an insurance agency contract between D and the Defendant, from the monthly amount of business income and various allowances, until it reaches the claim amount of KRW 100,00,000,000. The instant attachment and assignment order was served on the Defendant, a garnishee, on December 26, 2017.

C. The Plaintiff, based on the instant attachment and assignment order, received KRW 13,073,517,00,000 from the Defendant on January 19, 2018 and KRW 8,023,039 on February 21, 2018.

On the other hand, D registered as the Defendant’s insurance solicitor on October 11, 2017, but was dismissed on March 7, 2018, and thereafter re-registered as the Defendant’s insurance solicitor on April 1, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is based on the instant attachment and assignment order, and the Defendant did not pay D’s business income and various allowances to the Plaintiff, but did not pay the Plaintiff more than KRW 13,073,517. Thus, the Plaintiff’s claim as part of the Defendant’s claim for payment of KRW 31,00,000 among D’s income and allowances and damages for delay.

B. On March 7, 2018, the effect of the Defendant’s instant seizure and assignment order is limited to the claim regarding D’s business income and various allowances until D terminated of the contract with the Defendant, and the Defendant paid all business income and various allowances up to the time when D paid to the Plaintiff.