1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. Nonparty D has a claim against the Defendants based on the executory protocol of mediation of the Seoul Northern District Court 2014Gahap20930 case.

B. On June 29, 2015, the Plaintiff received a decision of provisional seizure of claim amounting to KRW 61,022,730 regarding the claim for the above judgment amount.

(C) On July 2, 2015, the original copy of this decision was served on Defendant B, and on July 1, 2015, respectively, on July 1, 2015.

C. On May 24, 2016, the Plaintiff: (a) transferred the instant judgment amounting to KRW 61,022,730, among the instant judgment amount claims based on the foregoing provisional seizure order, to the original seizure; and (b) received a collection order and seizure of the remainder of KRW 10,078,152.

(C) On May 26, 2016, the collection order was served on the Defendants on May 26, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff, based on the above seizure and collection order, sought the payment of the collection money to the defendants.

In this regard, the defendants asserted that the defendants' damages liability against the non-party D had already been extinguished due to the payment of insurance money to the non-party Samsung Fire and Marine Insurance Co., Ltd.

3. Determination

(a) No insurer of relevant legal principles shall pay the insured amount in whole or in part to the insured before a third party has been indemnified for any loss caused by accidents attributable to the insured;

(Article 724(1) of the Commercial Act). A third party may demand the insurer to indemnify for any loss caused by an accident attributable to the insured, within the limit of the insured amount.

(Article 724(2) of the Commercial Act. In this case, the legal nature of the direct claim by the victim pursuant to Article 724(2) of the Commercial Act is that the insurer concurrently takes over the liability of the insured for damages against the victim, and the victim has against the insurer.