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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff has a claim for KRW 192,383,271 based on the original of the payment order with executory power in the case of goods payment for Nonparty C Co., Ltd. (hereinafter “C”) and a claim for delay damages for the Plaintiff.
(hereinafter “instant claim for the price of goods”). (b)
On August 1, 2018, the Plaintiff received a seizure and collection order under this Court 2018TT No. 10749 against the Defendant’s claim for return of unjust enrichment, which was acquired by excessive seizure against the Defendant C, with the aggregate amount of KRW 284,145,679, as the preserved claim until July 18, 2018 against the Plaintiff’s claim for the purchase of goods in this case, and the written decision was served on the Defendant on September 28, 2018.
C. Meanwhile, D, a creditor against C, applied for a seizure and collection order as to the claim for return of unjust enrichment due to excessive seizure, which C had against the Defendant, and the above court issued a seizure and collection order as to October 10, 2017, and D collected money equivalent to C’s claim for return of unjust enrichment against the Defendant based on the above order, and reported the collection to this court on October 20, 2017.
The Plaintiff asserted the obligee’s subrogation right based on the right to be preserved in a lawsuit seeking the revocation of a fraudulent act by this court 2016Na59231, and the Defendant asserted that there was a claim for restitution of unjust enrichment since it received a total of KRW 1,480,345,096 from C and received a total of KRW 1,480,345,096 from C without any legal cause, and made unjust enrichment amounting to KRW 147,678,595 without any legal cause. However, this court decided on September 19, 2018, that “D collected the money equivalent to C’s claim for restitution of unjust enrichment against the Defendant, and filed a collection report on October 20, 2017.” The judgment became final and conclusive as it became final and conclusive.
hereinafter referred to as "the case."