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1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. The total cost of a lawsuit shall be borne individually by each party.
Reasons
1. Basic facts
A. On September 5, 2013, the Defendant: (a) between D’s mother representing the Defendant and D on October 30, 201, D borrowed KRW 30,000 on a yearly interest rate on October 30, 201 and due date on December 30, 201; and (b) written a notarial deed under a money loan agreement to the effect that compulsory execution will be recognized when the said loan is not performed (hereinafter “notarial deed”).
B. In addition, the Defendant paid only KRW 10,00,000 out of the borrowed money of the instant Notarial Deed, and filed an application for the attachment and assignment order of KRW 20,000 out of KRW 26,286,32 against D’s claim against the Republic of Korea as Busan District Court 2013TT25308, on the ground that D did not repay the remainder, and the Defendant applied for the attachment and assignment order of KRW 20,00,00 among the claim of KRW 26,286,32, and the Busan District Court issued the attachment and assignment order that cited the assignment order (hereinafter “instant assignment order”) around October 2013, and around that time, the assignment order of this case was served and finalized on Korea and D.
C. Based on the claim against D, the Plaintiff filed an application for a seizure and collection order against D with the Busan District Court 2015TT2329 as to the above claim against D, and the Busan District Court issued a seizure and collection order citing the claim (hereinafter “instant collection order”) around 2015, and around that time, the instant collection order was served on and confirmed to the Republic of Korea and D.
Accordingly, in the Busan District Court C distribution procedure on June 20, 2016, the Busan District Court distributed KRW 20,00,000 to the defendant based on the assignment order of this case in the first order of 26,562,412 after deducting KRW 14,603 won from the sum of KRW 26,286,32 won deposited by the Republic of Korea with respect to the obligation to D and interest 290,683 won from the sum of KRW 26,557,683 won and its interest 290,683 won, and distributed KRW 26,562,412 to the plaintiff according to the assignment order of this case in the second order of this case.