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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant are creditors of C Co., Ltd. (hereinafter “Nonindicted Company”).
B. The Defendant requested the Daegu District Court’s order of seizure and collection of the claim against the non-party Company D (hereinafter “D”) pursuant to the Daegu District Court’s 2017Gahap500 case case’s claim for contract deposit (hereinafter “instant judgment”) as the resident stay support of the Daegu District Court 2018TTTB86, and received the order of seizure and collection on June 14, 2018.
(hereinafter referred to as “a seizure and collection order”). (c)
The Plaintiff filed an order of seizure and collection regarding the claim under the instant judgment under the Daegu District Court Decision No. 2018TTTT 5874, and received the order of seizure and collection on October 1, 2018.
(hereinafter “Attachment 2 and Collection Order”) D.
Co., Ltd. E, F, and G received a seizure and collection order as to the claims under the instant judgment under each Daegu District Court’s resident support 2018TTTT 1124, Daegu District Court’s resident support 2018TT 1231, Daegu District Court resident support 2018TTT 1497.
E. Of the judgment of this case, the defendant was granted the succeeding execution clause as to the amount equivalent to the claim amount of the seizure and collection order.
F. The Defendant, based on the above succession execution clause, filed an application for a seizure and collection order as to the deposit claim against H (hereinafter “H”) with the Daegu District Court 2018TTTT District Court 2018TTTTTT16, and received a seizure and collection order as to the deposit claim against H (hereinafter “H”). On November 19, 2018
(g) The Defendant requested H to pay the collection amount based on the third collection order, and H paid KRW 53,416,362 to the Defendant on November 26, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, and 7, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff asserted that the Plaintiff was ordered to attach the instant claim on September 27, 2018, which was before the Defendant collected the claim, and thereby, ordered the attachment.