1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 30, 2014, on the basis of an executory notarial deed, the Plaintiff was issued a decision to seize and collect a claim against the non-party C’s claim for the conciliation payment decision in the Daegu District Court No. 2013Na6146 against the non-party C (hereinafter “instant decision”). The said decision was served on the Defendant, who is the garnishee, on September 11, 2014.

B. Meanwhile, on July 11, 2014, the Daegu District Court 2013Na6146 (hereinafter “instant conciliation”) among the Defendant and Nonparty C constituted conciliation with the following contents (hereinafter “instant conciliation”) on the date of conciliation on July 11, 2014.

1. The Defendant shall pay C KRW 30 million to January 11, 2015, and where such payment is delayed, it shall pay the unpaid amount plus damages for delay calculated at the rate of 10% per annum from January 12, 2015 to the date of full payment.

However, if the seizure and collection order issued by C by designating C as the debtor and the defendant as the garnishee is not resolved, the defendant may refuse to pay the above amount, and the delay damages shall not occur.

C. At the time of the instant conciliation, D and EL Loan Capital Co., Ltd., the creditor of C, at the time of the instant conciliation, were issued the order of seizure and collection by designating C as the debtor and the defendant as the garnishee. As of the date of the closing of argument in the instant case, D and EL Loan Capital Co., Ltd., the order of seizure and collection is valid.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the defendant is obligated to pay the amount of 30,000,000 won for the mediation decision and damages for delay to the plaintiff, who is the collection right holder, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The defendant is true to bear C the obligation of KRW 30,000,000 according to the instant conciliation, but the conciliation clause is also a provision.