1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Based on the original copy of the judgment sentenced to provisional execution in the loan case No. 2011Gahap71199 against Nonparty D, the Plaintiff acquired the claim amount to KRW 755,300,000 among the deposit claims, allowances and fees claims arising from various insurance business, and fees claims (hereinafter “instant fee claims”), which D holds against Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), around May 9, 2014, against the amount to KRW 755,30,000, based on the original copy of the judgment sentenced to provisional execution of the loan case, Suwon District Court Decision 2011Gahap71199, the Plaintiff obtained the claim attachment and collection order from the Suwon District Court 2014Da10198, May 12, 2014.

B. Meanwhile, the Defendant asserted that D had a loan claim amounting to KRW 740,000,000 against D, and filed a decision on provisional seizure against D’s claim (Cheongju District Court 2014Kahap247, hereinafter “instant provisional seizure”) with respect to the amount equivalent to the above claim amount among the instant loan claim that D had against the non-party company as the debtor and the non-party company as the third debtor on May 21, 2014. The provisional seizure decision was served on the non-party company as the garnishee on May 22, 2014.

C. On June 10, 2014, Nonparty Company deposited KRW 70,802,416 of the insurance design fee payable by Nonparty Company to D according to the design commission contract as of July 15, 2013 on the ground that the Plaintiff’s seizure and collection order and the provisional seizure of this case were competitioned by the Defendant. In accordance with Article 248(1) of the Civil Execution Act, Nonparty Company deposited KRW 70,802,416 with the Seoul Central District Court was gold 1195 in 2014.

(hereinafter referred to as “instant deposit”) D.

The distribution procedure of the instant deposit was initiated with the Suwon District CourtC, and the execution court determined the amount to be actually distributed on September 1, 2014, as KRW 70,852,777, which was the date of distribution, as KRW 35,788,873, in that order, to the Plaintiff, the collection authority, in proportion to the amount of each claim, who is the person holding the right to collect the instant provisional seizure, and to distribute KRW 35,063,90 to the Defendant, the person holding the right to the instant