1. The plaintiff's claim is dismissed.

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

Facts of recognition

On December 21, 2017, the Plaintiff received a collection order for the seizure and collection against “C’s operating allowance claims received from the Defendant after selling and publicizing the Defendant’s products” by using the debtor C and the garnishee as the amount claimed by the Defendant and the Defendant KRW 235,571,960.

(Y) The collection order of this case was served on December 26, 2017 on the part of the Defendant from among the 2017TTT 25231 (hereinafter “the collection order of this case”). The collection order of this case was served on the Defendant.

D on October 1, 2016, the leakages of C and the Defendant’s agency contract concluded a business agency contract with the Defendant on behalf of the Defendant and D on behalf of the Defendant’s food waste disposal equipment E model, and concluded a business agency contract with the Defendant to receive business agency fees from the Defendant.

(hereinafter “instant contract”). D visited the Defendant’s office in order to conclude the instant contract with C, and directly stated in the said contract, and designated the Nong Bank (F) account in the name of D with the receipt of business agency fees.

After the Defendant’s payment of money to D and G, C had sold food waste disposal equipment for the Defendant under the instant contract concluded by D, and the Defendant paid business agency fees to the above account in the name of D.

On March 26, 2018, after the issuance of the collection order of this case to the Defendant, the Defendant paid KRW 3,674,600, and KRW 1,740,600 as an agent fee under the instant contract with the account in the above D name.

Meanwhile, from December 26, 2017 to August 17, 2018, the Defendant transferred the sum of KRW 240 million to G’s account, a food processing machine manufacturing company, to several times, from December 26, 2017, on which the collection order was served to the Defendant.

[Ground of recognition] A without any dispute, Gap 1, 2, 3, 6, 7, 8, 9 evidence, Eul 2, 4, 5, and 7 evidence (including additional numbers), witness D's testimony, and the plaintiff's assertion that the whole purport of the pleading is to be asserted by the witness C is to lend the name from D.