1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 29, 2010, the Plaintiff was issued a decision of provisional seizure of claims against B, the Changwon District Court, Kimhae-si court, 2010Kadan523, which is the claim claim amounting to KRW 6,550,000 (hereinafter “decision of provisional seizure of this case”). The decision of provisional seizure of this case was served on the Defendant, the garnishee, on May 3, 2010.

The claims provisionally seized by the decision of provisional seizure of this case are as follows.

With respect to monthly benefits to be paid to a third party obligor (the amount after deducting taxes and public charges from the principal salary, various allowances and bonuses, etc.), the amount remaining after deducting the amount prohibited from seizure under each of the following cases, until such amount reaches the claim:

1. Where monthly benefit does not exceed 1.2 million won: Provided, That where retirement, honorary retirement, or interim settlement of retirement benefits is made between the amount of the said claim and the amount of the said claim, the amount of the said claim shall be up to a half of the balance of the retirement benefit, honorary retirement allowance (or honorary retirement allowance, etc.), or interim settlement of the amount of the said interim settlement, whichever is less than 1.2 million won

B. On April 3, 2012, the Plaintiff filed a lawsuit against B on the claim for reimbursement amount by the Changwon District Court 2012Gaso8018, and received a decision of performance recommendation ordering B to pay KRW 6,550,000 and delay damages therefor. The said decision of performance recommendation was finalized on April 20, 2012.

C. On May 23, 2012, the Plaintiff received a collection order for the seizure and collection of the instant provisional seizure (hereinafter “instant seizure and collection order”) against B, by designating the claim amount as KRW 7,396,251 (the aforementioned KRW 6,550,000 and the delay damages thereto) as the Changwon District Court 201, which was KRW 7,396,251 (the aforementioned KRW 6,550,000 and the delay damages thereto). The instant seizure and collection order was served on the Defendant on May 24, 2012.

(On the other hand, as the Enforcement Decree of the Civil Execution Act was amended by Presidential Decree No. 23004 on July 1, 2011, the amount of benefits prohibited from seizure was increased to KRW 1,500,000 per month (the basis for recognition).