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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The following facts of recognition do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence 1 to 11 (including each number), Gap evidence 12-1, Gap evidence 15-2, and Gap evidence 16:
Defendant A and C are entitled to the provisional seizure of this case’s case’s No. 2015Kadan50141, the debtor, the third debtor company, EsiaM Co., Ltd. (hereinafter “Nonindicted company”).
(2) On April 28, 2015, the above court rendered a ruling of accepting an application for provisional seizure against the above claim (hereinafter “the provisional seizure order of this case”) and served the non-party company as the garnishee on April 30, 2015. The above ruling was served on the non-party company, the third debtor of the same month.
B. The instant loan lawsuit 1) Defendant A and C filed a lawsuit against the Plaintiff on the claim for the loan, etc. (hereinafter “instant loan lawsuit”) with the Suwon District Court Branch Decision 2015Kadan7923 (hereinafter “the instant loan lawsuit”).
(2) On October 29, 2016, Defendant B took over the said lawsuit upon the death of October 5, 2015 during the said loan lawsuit. (2) The said court rendered a judgment dismissing all the Defendants’ claims against the Plaintiff on May 25, 2016. Accordingly, the Defendants appealed with Seoul High Court Decision 2016Na203033, but the appeal was withdrawn on September 29, 2016.
3. Afterwards, on November 2, 2016, the Defendants submitted to the Plaintiff an application for withdrawal of the application and cancellation of the execution of the provisional seizure of this case, and accordingly, on the same month.
3. The execution was rescinded.
C. 1) The Plaintiff filed a lawsuit against Nonparty Company seeking unjust enrichment under the Nanwon District Court Branch Decision 2014Gahap24874 (hereinafter “instant lawsuit seeking unjust enrichment”).
The proposal was made.