1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff filed an application for provisional attachment of D’s claim against the National Health Insurance Corporation (D’s Seoul District Court Decision 2013Kadan50268) with respect to the overdue rent and other claims against D as the preserved right, and received a decision of acceptance on April 25, 2013.

B. After that, D deposited the amount of deposit at sea as stipulated in the above provisional seizure ruling as the Suwon District Court Ansan Branch No. 2013No. 2653.

C. The Defendant: (a) applied for a seizure and collection order regarding D’s right to claim the collection of deposit money from the Republic of Korea under the jurisdiction of the Suwon District Court for the loan claim against D as the preserved right; (b) received a decision of acceptance on October 6, 2014, by applying for a seizure and collection order regarding D’s right to claim the collection of deposit money from the Republic of Korea.

On February 25, 2015, the Suwon District Court: (a) prepared a distribution schedule that distributes the amount of KRW 49,521,460 to the Plaintiff, who is the person holding the provisional attachment right, and the Defendant, who is the person holding the right to collect the amount of KRW 128,142,139 to the Defendant, who is the person holding the right to collect the amount of KRW

The Plaintiff raised an objection against KRW 126,83,912 out of the dividend amount to the Defendant in the dividend procedure, and filed a lawsuit of demurrer against the distribution of this case on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. 1) Although the Defendant did not lend money to the Plaintiff, the Defendant applied for a false loan certificate and received a decision of acceptance. Accordingly, the Defendant loaned the amount of 49,521,460 won to the Plaintiff among the above distribution schedule to D to KRW 176,35,372, which is the amount of the Plaintiff’s claim against D, and corrected the amount of 128,142,139 won to the Defendant as KRW 1,308,227 [=128,142,139 - - (176,35,372 - 49,521,460)].

B. In a lawsuit of demurrer against a distribution, the defendant can file all arguments that can dismiss the plaintiff's claim with a defensive method.