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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On June 25, 2014, the Plaintiff filed an application for a payment order against Nonparty B, and received a payment order on July 8, 2014, ordering “47,164,643 won and the payment of damages for delay therefrom”, and the said order was finalized on the 29th of the same month.
(U.S. District Court 2014 tea2861). (b)
The Plaintiff filed an application for provisional attachment against the Defendant with the Suwon District Court Decision 2014Kadan3813 (hereinafter “the provisional attachment order of this case”) on July 17, 2014, with the Defendant as the garnishee, for provisional attachment against the claim of KRW 5,00,00 (hereinafter “the amount”) deposited by the Defendant in Suwon District Court C, and KRW 5,00,00,00, out of the claim for recovery of the deposit amount of KRW 11089,00 (hereinafter “the deposit of this case”), and the provisional attachment order of this case (hereinafter “the provisional attachment order of this case”) was served on the Defendant on July 17, 2014.
C. The plaintiff is the above A.
B. Based on the original copy of the order for payment under Paragraph B.
A request for the seizure and collection order (U.S. District Court 2014T. 2014T. 19286) to transfer the provisional seizure to the original seizure, and the seizure and collection order (hereinafter “instant collection order”) were served on the Defendant on September 18, 2014.
Nevertheless, on July 21, 2014, the deposit officer of Suwon District Court who received the claim for recovery of deposit money B on the ground of "the extinction of the cause of deposit" on the wind to register the restriction on payment to other deposit than the deposit money of this case due to mistake, the deposit officer of Suwon District Court who received the claim for recovery of deposit money of this case was paid KRW 5,00,000 to B.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s negligence on the part of the deposited public official affiliated with the Defendant, who was entitled to receive KRW 5,00,000,000, which the Plaintiff could have collected according to the instant collection order, from B, as the damage equivalent to the said amount occurred to the Plaintiff.