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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff applied for a payment order against A to seek the payment of indemnity amounting to KRW 240,827,241 and KRW 240,440,261 among them, and KRW 10% per annum from August 22, 2016 to December 30, 2016, and KRW 15% per annum from the following day to the date of complete payment. The payment order was finalized on January 13, 2017.
Changwon District Court (Order for Payment) dated 18 October 2016 2016, 2016.
The Plaintiff received a decision of provisional seizure of claim against A in relation to KRW 100,000,00, out of the insurance money claim against A (hereinafter “the instant insurance money claim”) that A had against the Defendant as a right to be preserved (the Changwon District Court Order 2016Kadan1409, Oct. 11, 2016), and the said provisional seizure decision was delivered to the Defendant on October 13, 2016.
In addition, the Plaintiff received the order of seizure and collection as to KRW 248,382,162 of the insurance money of this case based on the above order of payment (the Changwon District Court Order 2017TTTTT 100738, Feb. 17, 2017; KRW 100,000,000, the above provisional seizure order was transferred to the seizure, and the remaining KRW 148,382,162 was issued after new seizure of the claim; hereinafter “the seizure and collection order of this case”); and the seizure and collection order of this case were served on the Defendant on February 22, 2017.
C. A purchased automobile insurance from the Defendant on October 5, 2016, and around 09:56, the insured vehicle (B) of the said automobile insurance was flooded on the street side of the window in Changwon-si, and accordingly, the Defendant was obliged to pay A the insurance amount of KRW 59,670,000.
The Social Services Korea Co., Ltd., as the owner of the above insured vehicle, received a claim seizure and collection order against KRW 22,388,606 out of the insurance money of this case on the basis of the No. 34 of the 2015 Certificate No. 34, 2015, as the owner of the above insured vehicle, against KRW 22,38,60 of the insurance money of this case ( Changwon District Court Masan Branch Order 2016 Tau4589, Nov. 23, 2016)