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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The plaintiff filed a lawsuit against B for damages on the ground that B was obtained by deceitation of investment funds from B, and was sentenced to the judgment that "B shall pay to the plaintiff 5,526,440 won with 20% interest per annum from February 27, 2010 to the day of complete payment (hereinafter "the judgment of this case"). The judgment of this case became final and conclusive around that time.
In accordance with the instant judgment on September 1, 2016, the Plaintiff received the claim amounting to KRW 127,688,831 (hereinafter “Tgu District Court 2016TTTTTTTTTT 201; hereinafter “the instant claim seizure and collection order”) from the obligor B, and served the Defendant, the garnishee, on September 5, 2016, with the collection order for the instant claim seizure and collection.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole argument by the plaintiff as to the purport of the whole argument is that the defendant's property collected or preserved against Eul is crime victim's property including the plaintiff, and the preservation for collection is unlawful and Eul has a claim against the defendant. The plaintiff received the seizure and collection order of this case based on the judgment of this case against Eul, and therefore, the defendant is obligated to pay to the plaintiff the money collected and delayed payment.
Judgment
A creditor who requests an order of seizure concerning a claim shall clarify in the application the kind and amount of the claim to be seized (Articles 225 and 291 of the Civil Execution Act), and, when he/she requests an order of seizure only for a part of the claim to be seized, specify the scope thereof.
(Civil Execution Rule No. 159(1)3 and Article 218). Nevertheless, a seizure order is also issued due to the failure of a creditor to specify the subject and scope of a claim to be seized when a creditor applies for a seizure.