1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On October 26, 2018, the Plaintiff (hereinafter “D”) issued a seizure and collection order by the Busan District Court Decision 2018Gadan338,00,000 based on the decision of recommending reconciliation in the case No. 2018Gadan338, with respect to D Co., Ltd. (hereinafter “D”) with respect to the claim that D holds against C Co., Ltd. (hereinafter “C Co., Ltd”) in relation to the distribution of C Co., Ltd. (hereinafter “Co.”).

On October 31, 2018, the above order of seizure and collection was served on Co., Ltd., the garnishee.

B. The Defendant owned D’s claim amounting to KRW 273,050,460 based on the payment order (hereinafter “instant claim”) issued by Busan District Court Decision 2018 tea2975 (hereinafter “instant claim”) and received a seizure and collection order as of August 8, 2018, with respect to D’s claim to be repaid.

On August 13, 2018, the above order of seizure and collection was served on Koil, a garnishee.

C. When the issuance of a collection and seizure order competes with each other as above, the distribution and distribution deposited D’s claim 37,91,040 won as gold No. 1745, Nov. 23, 2018 at this Court on November 23, 2018.

From the distribution procedure of the above deposit (referred to as this Court C; hereinafter referred to as the “instant distribution procedure”) to the Plaintiff on February 28, 2019, the instant court drafted a distribution schedule with the content of allocating the amount of KRW 4,590,782 to the Defendant and KRW 33,383,744 to the Defendant.

E. On February 28, 2019, the Plaintiff appeared on the date of distribution, and raised an objection to the total amount of dividends against the Defendant, and filed a lawsuit of demurrer against distribution on March 6, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 10, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s claim in this case is a false claim made between the Defendant and D, which is the representative of the Defendant and D, for the purpose of harming the Plaintiff. Thus, the instant distribution schedule should be revised as stated in the purport of the claim.

(b).