1. The Defendant collected money from the Plaintiff according to the Daejeon District Court Branch 2017TTTT 1854 and collection order.

Facts of recognition

On November 14, 2017, the Defendant received a collection order for KRW 52,342,740, among the claims against C in relation to D, from Daejeon District Court Branch of Seosan Branch of the Daejeon District Court, 2017TTT1854, and the said order was served on D on November 20, 2017.

(hereinafter “instant seizure and collection order”). On December 6, 2017, the Defendant received KRW 25 million from D as the collection money of the instant seizure and collection order.

On December 12, 2017, the Plaintiff received a claim attachment and collection order as to KRW 30,567,705 among the claims against C in relation to C by Daejeon District Court 2017TTT 2019, and the said order was served on D on December 15, 2017.

The defendant did not report the collection to the executing court of the seizure and collection order of this case until now.

【In the absence of dispute, the collection obligee who has received a collection order based on the legal principles related to the judgment of the overall purport of pleadings and evidence Nos. 1, 2, 3, and 1-1, 2 of the evidence No. 1-2 of the evidence No. 2 of the court of execution shall exercise on behalf of the debtor as a kind of collection agency based on the authorization of the court of execution, and in the event of any competition, such as seizure, etc., in particular, the obligee shall collect the claim from the third obligor for all creditors participating in the seizure or distribution. As such, the collection obligee shall exercise the claim with due care of a good manager for the debtor whose exercise of the seized claim is restricted, and further, upon receiving the payment from the third obligor, have the obligation to obtain satisfaction of the claim under the distribution procedure from all creditors participating in the seizure or distribution by making a deposit and report without delay.

(See Supreme Court Decision 2004Da8753 Decided July 28, 2005). In cases where a creditor, who received a collection order, collects a claim under seizure and collection order from a third debtor, and files a report of collection under Article 236(1) of the Civil Execution Act, other seizure, provisional seizure, or provisional seizure until such time.