1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On February 8, 2017, the Daejeon District Court Decision 2016Gaso7250 rendered a judgment against the Defendant that “the Defendant shall pay C 11 million won and interest calculated at the rate of 15% per annum from November 12, 2016 to the date of full payment” (hereinafter the instant judgment) and the said judgment became final and conclusive on March 1, 2017.

B. On March 10, 2017, the Plaintiff received a seizure and collection order as to KRW 34,354,390 of the instant judgment deposit claim against the Defendant under Daejeon District Court Decision 2015Da12686, the title of the title of the executory title of the protocol of mediation with the executory title of the loan case, which was rendered by the Daejeon District Court Branch 2015GaGa12686, and issued a seizure and collection order with respect to KRW 34,354,390 of the instant judgment deposit claim against the Defendant, and the above seizure and collection order was served on the Defendant on March 15,

(hereinafter referred to as the collection order of this case). [Grounds for recognition] There is no dispute, entry of Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings.

2. The Plaintiff filed a claim against the Defendant for the payment of the collection amount of KRW 34,354,390 and the delay damages therefrom. Accordingly, the Defendant, other than the instant collection order, received a separate provisional seizure, seizure and collection order, and deposited the amount equivalent to the instant judgment pursuant to Article 248(1) of the Civil Execution Act. Thus, the Plaintiff asserted that the claim for the instant judgment, which is the object of the instant collection order, was extinguished.

In full view of the facts that there is no dispute between the parties, as well as the purport of the entire argument in the evidence No. 1 written by Eul, D, on April 6, 2017, with the obligor C and the third obligor as the Defendant of the Daejeon District Court 2017Kadan153, the ASEAN Branch of the Daejeon District Court 2017Kadan153, the provisional attachment order against the claim of KRW 11 million out of the judgment amount was issued on April 10, 2017. The provisional attachment order against the above claim was served on the Defendant on April 10, 2017, and D thereafter was served on the Defendant on July 31, 2017. The obligor C and the third obligor as the Defendant of the judgment amount of KRW 203,692,469 among the claims of this case.