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 a lawsuit against B for the claim of damages against the Daejeon District Court Branching the Daejeon District Court (2013Gahap607). On March 18, 2015, the court held that “B shall pay to the Plaintiff 30,000,000 won and interest calculated at the rate of 5% per annum from June 10, 2008 to March 18, 2015, and 20% per annum from the next day to the date of full payment” (hereinafter “instant judgment”).

(2) On July 20, 2015, the Plaintiff filed an application for the seizure and collection order of claims against the Defendant (third party obligor) of the Gwangju District Court as the title of execution with respect to the instant judgment’s claim amounting to KRW 41,046,575, the amount of monthly benefit to be paid to the Defendant (third party obligor) as KRW 41,046,579. The judicial assistant officers of the court issued the seizure and collection order of claims (hereinafter “instant order”) on July 22, 2015, and the said order was served on the Defendant on July 27, 2015.

B. On July 23, 2015, B filed an immediate appeal against the instant order on July 23, 2015, and B submitted to the competent court a decision to suspend compulsory execution on April 30, 2015, stating that “The compulsory execution based on the original copy of the instant judgment shall be suspended until the pronouncement of the judgment in the Daejeon High Court 2015Na1432” (Seoul High Court 2015Kadan203, Daejeon High Court 2015).