1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

Suwon District Court E.

1. Basic facts

A. On June 29, 2016, the Plaintiff filed an application for a seizure and collection order with the debtor FF Co., Ltd. (hereinafter “F”), the garnishee, the Nonghyup Bank Co., Ltd., and the National Bank, and other 10 financial institutions, including Suwon District Court, for a seizure and collection order, and received a seizure and collection order from the above court on June 29, 2016. The original copy of the order of seizure and collection reaches the third debtor at that time.

B. The Defendant holds the F with the claim to return the amount of KRW 85,818,082 to F. The Defendant applied for the seizure and collection order against the debtor F and the third debtor as a national bank under the Sungwon District Court Sung-nam Branch 2016TTT 55084, which was the claim claim, and received the seizure and collection order from the above court on October 28, 2016, and the original order of the seizure and collection order was issued to the third debtor on November 2, 2016.

C. The National Bank Co., Ltd. deposited KRW 52,798,350, such as deposits to F, etc. on the grounds of the above seizure of claims, etc., in Suwon District Court Sung-nam Branch No. 2016No408, and accordingly, the distribution procedure was initiated as Suwon District Court Sung-nam Branch E.

On the date of distribution on May 26, 2017, the above court prepared a distribution schedule in which the Defendant distributes KRW 8,664,726 to the Plaintiff, and KRW 1,052,001 to the Plaintiff (hereinafter “instant distribution schedule”). The Plaintiff appeared on the said distribution date and stated an objection against the total amount of the Defendant’s distribution, and filed a lawsuit of demurrer against the distribution on June 1, 2017, which is within seven days thereafter.

On the other hand, the actual dividend of the execution cost is KRW 52,617,700, and the total amount of the dividend participation claim is KRW 521,141,720.

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

2. The gist of the parties’ assertion was that the Defendant’s claim against F was already repaid prior to the date of distribution, and thus, the Plaintiff became extinct.