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1. The main part of the lawsuit in this case shall be dismissed.
2. The plaintiff's conjunctive claim is dismissed.
3...
Reasons
1. Basic facts
A. The Plaintiff filed a lawsuit against C with the Busan District Court 2014Gahap6551, and the said court rendered a judgment on July 23, 2014 that "C shall pay to the Plaintiff 160,000,000 won with the annual interest of 50,000,000 won from December 31, 2012, 50,000 won from March 1, 2013, 60,000 won from June 1, 2013 to May 23, 2014, and from the next day to the date of full payment, the said judgment became final and conclusive on August 9, 2014."
B. On July 20, 2016, based on the executory exemplification of the above judgment, the Plaintiff, based on the claim amounting to KRW 191,937,269 of the above judgment rendered by Changwon District Court 2016TTT 5885, issued a lease deposit return claim against the Defendant and a claim for the return of the amount subrogated by the Defendant from the National Health Insurance Corporation (hereinafter “instant seizure and collection order”), and the above order was served on the Defendant, the garnishee, as the garnishee, on July 25, 2016.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 3 (including additional number; hereinafter the same shall apply) and the purport of whole pleadings
2. The assertion and judgment
A. 1) The plaintiff's assertion is obligated to pay to the plaintiff KRW 181,936,502 out of the collection amount according to the seizure and collection order of this case and the delay damages therefrom. 2) The Debtor Rehabilitation and Bankruptcy Act provides that when the rehabilitation procedure is commenced pursuant to Article 58 (2) 2 of the Debtor Rehabilitation and Bankruptcy Act, the compulsory execution based on the rehabilitation claim is suspended against the debtor's property, and when the authorization for the rehabilitation plan is decided pursuant to Article 256 (1) of the same Act, the compulsory execution suspended pursuant to Article 58 (2) of the same Act shall lose its effect.
However, the evidence No. 9 and No. 5 are shown in the statement of No. 5.