1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On December 19, 2013, D issued to the Defendant a copy of a promissory note as of December 24, 2013, with the face value of 50 million won and the due date, and the notary public drafted a notarial deed, No. 668 of the Digital Law Firm (hereinafter “notarial deed of this case”).

B. On December 31, 2013, the Defendant received a seizure and collection order based on the instant notarial deed from the debtor D and the third debtor, a new bank and a single bank, a stock company, based on the Sungwon District Court’s Sungnam branch on December 31, 2013. The said order was served on the third debtor on January 6, 2014.

C. On December 16, 2013, the Plaintiff received a claim seizure and collection order from the debtor D, the garnishee, the new bank, the Hana Bank, the Hana Bank, etc., and the above order was served on the third debtor on the 19th of the same month.

Suwon District Court's Sung-nam Branch on February 28, 2014

paragraph (c).

On the date of distribution of C distribution procedure conducted with respect to the money deposited by the court gold No. 360 in 2014, related to the seizure and collection order of each claim under paragraph, the distribution schedule was prepared to distribute the amount to the Plaintiff, KRW 628,846, and KRW 462,386, respectively. The Plaintiff raised an objection against the whole amount of the Defendant’s dividends, and filed the instant lawsuit on March 5, 2014, within one week thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on the cause of the claim

A. Since the Defendant’s claim against the Defendant D based on the instant notarial deed’s summary of the Plaintiff’s assertion is false, the distribution schedule should be revised so that the amount of dividends against the Defendant can be added to the total amount of dividends against the Plaintiff.

B. In a lawsuit of demurrer against distribution, where the plaintiff asserts that the defendant's claims are invalid as a false declaration of conspiracy or have become extinct by the repayment, the plaintiff shall be liable to prove the facts constituting the ground for disability or extinguishment.