1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 20, 2017, the Plaintiff filed an order for payment with Japan Construction Co., Ltd. (hereinafter referred to as “Japan Construction”) to claim for the price of goods at the court 2017 tea7, and received a payment order from this court to the Plaintiff, stating that “Were Construction will pay the Plaintiff KRW 53,173,293, and delay damages therefor.” The payment order was finalized.

B. On December 13, 2016, the Plaintiff received a provisional attachment order against the Defendant for the claim amounting to KRW 53,173,293 as to the claim amount (this Court No. 2016Kadan1077), and on April 21, 2017, issued a seizure and a collection order against the Defendant (this Court No. 20153), and the above collection order was served on the Defendant on April 25, 2017.

C. In addition to the Plaintiff, Gangwon-gu Co., Ltd., Gangwon-do Co., Ltd., Ltd., and B, financial construction, one system Co., Ltd., and Dongrenns Co., Ltd., filed an application for a seizure and collection order with the Defendant regarding the claim for the construction price against the Defendant of Heung Construction. As above, seizure in excess of KRW 148,148,50 for the construction price against the Defendant of Heung Construction.

On September 7, 2017, the Defendant deposited KRW 148,148,50 on the ground that the seizure was concurrent by this Court No. 1261 in 2017.

[Reasons for Recognition] Evidence Nos. 1 to 4, Evidence No. 1 to 1, and the purport of the whole pleadings

2. Determination

A. The plaintiff asserted that the plaintiff is liable to pay the collection amount since it received a seizure and collection order with respect to the claim for construction price against the defendant of Ilung Construction, as the creditor of Ilung Construction, even though it received a seizure and collection order.

B. Where there exists competition in judgment, the garnishee shall deposit the amount equivalent to the total amount of the claims at the request of the creditor of the seizure or provisional seizure (Article 248, Paragraphs 1 and 3 of the Civil Execution Act), and the garnishee.