1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On December 9, 2015, the Cheongju District Court 2015Gahap189 Claim filed by the Defendant against the Plaintiff, the Defendant rendered a judgment ordering the Plaintiff to pay KRW 136,312,630 and damages for delay.

(hereinafter “the first instance judgment”). (b)

The Defendant received dividends of KRW 95,834,527 based on the above first instance judgment in the distribution procedure of this Court C around March 14, 2018.

C. From the Daejeon High Court 2016Na10026 Appeal case, which was pending as the Plaintiff’s appeal, around April 10, 2018, the Defendant’s judgment dismissing the lawsuit on the ground that the Defendant’s claim acquisition contract is a litigation trust, was rendered final and conclusive on April 27, 2018.

In the Cheongju District Court Decision 2016Kahap20128 (Seoul High Court Decision 2016Na12589) that he/she filed against the Plaintiff, who was a D who transferred his/her claim to the Defendant, the Plaintiff was sentenced to the judgment to pay D KRW 180,169,72 and its delay damages.

(e) E. D. Based on the above judgment of execution, D received a seizure and collection order of the claim for return of unjust enrichment of the Plaintiff against the Defendant from the Jungju District Court on July 11, 2019, and around that time, the seizure and collection order of the claim was served on the Defendant and the Plaintiff. 【Judgment of execution” was served on the Defendant and the Plaintiff on the grounds that there was no dispute over recognition, Gap 1 through 4, Eul 1 through 5, and the purport of the entire pleadings, as a whole.

2. Determination on the legitimacy of a lawsuit

A. The dividends received by the defendant in the distribution procedure are based on the judgment of the court of first instance. Since the defendant's lawsuit was dismissed in the appellate court, the defendant's gain of dividends without any legal ground, and thus, the defendant is obligated to return the dividends and interest thereon to the plaintiff.

(b) If there exists a seizure and collection order against the claim on the market, only the collection obligee may file a lawsuit for performance against the garnishee, and the debtor shall file a lawsuit for performance against the seized claim.