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1. The appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
judgment of the first instance.
Reasons
1. Basic facts of the request;
A. On November 1, 2013, the Defendant’s compulsory execution (1) D against Nonparty D issued to the Defendant a promissory note causing KRW 200,000,000 to the Defendant, and then a notary public drafted a notarial deed to the effect that the Defendant recognize compulsory execution based on the said promissory note under No. 52, 2014, as a law firm member, and deliver it to the Defendant.
(2) On May 20, 2014, the Defendant received a claim attachment and collection order (Seoul High Court Decision 2013Na19870 against D) regarding KRW 200,026,850 of D’s claims against Nonparty E (the claims based on the Seoul High Court Decision 2013Na19870 against D) on the basis of the above notarial deed, which was served to E around that time.
B. Compulsory execution against D (1) Nonparty F, the Plaintiff’s husband, filed a lawsuit against D against D with “the amount of damages KRW 857,479,922, and damages for delay thereof” in this court 2010Gahap16086, and as D accepted the said claim, the protocol of recognition and recognition of the said contents (hereinafter “the instant protocol of recognition”) was prepared on March 15, 201.
(2) On January 10, 2014, the Plaintiff acquired F’s credit (the above damage compensation and damages for delay) against F pursuant to the letter of recognition and recognition of the instant case from F, and F notified F of the transfer of credit to D on June 5, 2014.
(3) On May 24, 2016, based on the letter of recognition of the instant case, the Plaintiff received a claim attachment and collection order (YO District Court Branch 2016TTT 5879) regarding KRW 1,260,612,948 of the claims in the judgment of the D with respect to KRW 1,260,612,948 of the claims in the judgment of D in this case. This was served to E around that time.
C. On July 8, 2016, Suwon District Court deposited KRW 534,427,191 (which was not submitted data verifying whether it was the entire debt amount of E) pursuant to the order of seizure and collection of each of the instant claims as seen earlier, as the garnishee, according to the order of seizure and collection of each of the instant claims.