1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 3, 2015, the Plaintiff filed a lawsuit seeking compensation for damages against B with the Changwon District Court 2013Kadan8284, the Plaintiff was sentenced to the judgment that “B shall pay KRW 16,928,214 to the Plaintiff and each of the Plaintiff, as well as KRW 16,928,214, and delay damages.” The judgment became final and conclusive on April 28, 2015.

B. On June 27, 2016, the Plaintiff filed an application for the attachment and collection order of KRW 23,656,131 against the Defendant (third debtor) at the Busan District Court 2016TTT Branch 4639, the Defendant (third debtor) and received a decision of acceptance on June 27, 2016 (hereinafter “instant claim attachment and collection order”), which was served on the Defendant on June 30, 2016.

C. B, as a member of the Defendant, has been working for loading and unloading at the wharf located at the port of Busan. On November 29, 2016, B lost its membership on the ground of absence from office without permission.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 3, and 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion has been put into loading and unloading work at a port from a logistics company, and distributed the remainder after receiving wages from the logistics company and deducting medical insurance premiums and retirement allowances from the members.

Therefore, since the defendant is liable to pay wages and retirement allowances to B who are members of the association, it is liable to pay the collection money to the plaintiff who is the collection obligee of this case according to the seizure and collection order of this case.

B. In a lawsuit for the amount of collection, the existence of the claim under collection is a requisite fact and the burden of proof is borne by the plaintiff.

(see, e.g., Supreme Court Decision 2005Da47175, Jan. 11, 2007). The following circumstances, namely,: (a) B, as the Defendant’s member, loading and unloading work only until March 31, 2016.