1. The defendant has collected money according to the collection order and seizure of the claim No. 2014 other debt 928, and collection amount according to the collection order.

Facts of recognition

On February 7, 2014, the Plaintiff received a provisional seizure order on the claim against B Co., Ltd. (hereinafter “Nonindicted Company”) with the claim amounting to KRW 40,000,000,000, from the Jung-gu District Court Senior District Court 2014, and the said provisional seizure order reached the Nonparty Company on February 11, 2014.

On June 18, 2014, the Plaintiff received the order of seizure and collection from the above court (2014TTT771) to transfer the provisional seizure to the original seizure. The above order reached the non-party company on June 23, 2014.

On the other hand, on January 21, 2014, the Defendant received the order of seizure and collection (hereinafter “instant collection order”) as to the claim against the non-party company B by the above court 2014T928, and the above order reached the non-party company on January 23, 2014.

On June 2014, the defendant received KRW 20,000,000 from the non-party company according to the collection order in this case, and reported the collection to the court of execution on July 9, 2014.

【In the absence of dispute, each statement in Gap’s evidence Nos. 1 through 3 (including each number), and Article 236(2) of the Civil Execution Act provides that when there was a seizure, provisional seizure, or demand for distribution prior to a report by a collection creditor, the collection creditor shall deposit the collected amount and report the reason therefor immediately. Article 247(1) provides that a creditor who has the right to preferential reimbursement and an executory exemplification of the right to preferential reimbursement under the Civil Act, the Commercial Act, and other Acts may demand a distribution to the court of execution until the collection creditor files a report on the collection under Article 236. Article 252 subparag. 2 of the Civil Execution Act provides that the collection creditor shall commence the distribution procedure when he/she deposits the collected amount. In full view of these provisions, the collection creditor conflicts with the creditor who is entitled to dividends from the collected amount.