1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 18, 2018, Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) was issued a ruling on provisional seizure of real estate (hereinafter “decision on provisional seizure of this case”) with the content that provisional seizure of real estate listed in the attached list owned by the Defendant was provisionally seized by Nonparty D as the Seoul Central District Court’s claim claim amounting to KRW 60 million against the Defendant as the claim claim amount (hereinafter “decision on provisional seizure of this case”).

B. On November 29, 2018, the Plaintiff acquired the claim amounting to KRW 60 million against the Defendant of the non-party company from the non-party company, and the non-party company notified the Defendant of the transfer of the above claim on November 30, 2018.

C. Meanwhile, the Defendant filed an objection against the provisional attachment order of this case on the ground that the above claim of KRW 60 million against the Defendant of the non-party company did not exist. On June 24, 2019, the Seoul Central District Court rendered a decision that revoked the provisional attachment order of this case as Seoul Central District Court 2018Kadan41462.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 4, the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the plaintiff acquired the claim of KRW 60 million against the defendant of the non-party company. Thus, the defendant is obligated to pay the above amount of KRW 60 million to the plaintiff and delay damages.

B. According to the overall purport of the statement and pleading as to Gap evidence No. 5, it is acknowledged that from December 25, 2015 to December 28, 2015, the non-party company transferred KRW 50 million from the defendant's account to the defendant's account from December 28, 2015, and on October 22, 2015, the non-party company transferred KRW 10 million from the representative director E's account to the defendant's account from October 22, 2015, and the non-party company received the provisional attachment decision as to the defendant's claim amounting to KRW 60 million.

However, according to the overall purport of Eul evidence No. 2 and arguments, it is recognized that from March 22, 2016 to March 23, 2016, the defendant returned from the defendant's account to the non-party company's account, and the defendant is non-party.