1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 31, 2016, the Plaintiff was sentenced to the judgment of the Gwangju District Court 2016Kadan500820 against Puhoe Co., Ltd. (hereinafter “debtor”) that “the debtor company pays to the Plaintiff the amount equivalent to KRW 18,200,000 and KRW 1,400,000 per month from May 19, 2016 to the Plaintiff’s reinstatement.”

B. On November 17, 2016, the Plaintiff was issued a collection order for the amount of KRW 23,827,200 of the claim amount among the deposit claims against the Defendant of the debtor company as the Gwangju District Court 2016TTTT16TT16217 (hereinafter “instant claim seizure and collection order”), and the said order was served on the Defendant on November 21, 2016.

C. A debtor company had a deposit trust claim of KRW 5,743,772 against the defendant around November 17, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 6, the purport of the whole pleadings

2. The party's assertion and judgment

A. According to the above facts of recognition, the defendant is obligated to pay KRW 5,743,772 to the plaintiff, unless there are special circumstances.

I would like to say.

B. On the judgment of the defendant's assertion, the defendant has a claim for loans of KRW 1,190,00,000 against the debtor company, which is set off against the debtor company's claims for return of deposit against the defendant, and eventually, the defendant's claim should be dismissed on the ground that there is no claim to be seized based on the seizure and collection order of the case.

In other words, as of November 17, 2016, the Defendant held 1,190,00,000 won for the total amount of loans extended to the debtor company as of November 30, 2016, among the following circumstances: (a) each entry in the evidence Nos. 1 to 5 (including each number); and (b) the Defendant held 450,000,000 won for loans extended on April 26, 2013.