1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 18, 2013, the Plaintiff received a payment order (hereinafter “instant payment order”) against B on the ground that B neglected to pay the collection amount according to the above collection order and incurred damage to the Plaintiff on the ground that the Plaintiff received a seizure and collection order against the claims held by Hanwon District Court No. 2013 tea340, and the Plaintiff received a collection order against Hanwon District Court No. 2013, Korea Exchange Bank Co., Ltd. against Nonparty B, but the Plaintiff neglected to pay the collection amount according to the above collection order and caused damage to the Plaintiff.

B. On April 8, 2013, the Plaintiff received a claim amounting to KRW 88,210,498 from the debtor’s third party debtor, Korea Exchange Bank, Korea, Inc., Ltd. (hereinafter “Korea Exchange Bank”), and issued a claim seizure and collection order (hereinafter “instant collection order”) with KRW 2013TTT2197, Suwon District Court, and the written decision was served on the non-party bank on April 12, 2013.

C. The Nonparty bank presented a reply to the effect that the Nonparty bank was liable for the deposit amounting to KRW 30 million against B on the written peremptory notice of the above claim attachment and collection order application case.

[Ground of recognition] Facts without dispute between the parties, entry of Gap evidence 1 to Gap evidence 3, purport of whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserts that although the collection order of this case was served on the non-party bank, the defendant's failure to pay the deposit amount pursuant to the above seizure and collection order as the head of the non-party bank's usual site store, the plaintiff asserts that since the plaintiff failed to collect the deposit amount of KRW 30 million against the non-party bank's B from the non-party bank, the defendant is liable to pay the above money and its delay damages to the plaintiff.

B. The above facts are based on the judgment.