1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The PCB ex officio processing contract between the Defendant and Non-Athiopia Co., Ltd. (hereinafter “Non-Athiopia”) terminated on or around June 2017. At the time of the termination of the said contract, the Defendant’s unpaid payment for Non-Athiopia is KRW 41,734,896 (hereinafter “instant unpaid payment”).

B. On September 22, 2017, the Plaintiff received a decision on the attachment and assignment order (hereinafter “instant assignment order”) regarding KRW 52,678,958 equivalent to the claim amount out of the unpaid amount against the Defendant of the U.S. on September 22, 2017, and the said decision was served on the Defendant, who is the garnishee, on September 27, 2017, and became final and conclusive on October 28, 2017.

C. Meanwhile, before the assignment order of this case was served on the Defendant, the decision was served on the Defendant, the garnishee, who was the garnishee, on the unpaid amount, by seizure by the other creditors of non-Adiopi as shown in the following table.

The creditor's case number claim amount No. 1, E.S. 2017 U.S. Suwon District Court 2017T. 36,381,269 won and collection order, Sept. 2, 2017, 2017, the creditor's case number No. 39,902,922 won and September 26, 2017 2-7, 10, 110, and 11 of evidence, all of the arguments, and the purport of the whole arguments.

2. The plaintiff sought payment of KRW 52,678,00 and delay damages therefrom in accordance with the assignment order of this case. However, other creditors seized the amount of the instant assignment order until the assignment order of this case is served on Non-ASEAN, the garnishee, and the seizure total amount exceeded the unpaid amount, and thus the assignment order of this case became null and void (Article 229(5) of the Civil Execution Act), and the plaintiff's claim is dismissed as there is no ground.