1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On March 12, 2018, the Plaintiff: (a) a notary public had the authentic copy of a notarial deed of monetary loan for consumption with the executory power of No. 684, 2017 as to C; (b) based thereon, C applied for a seizure and collection order in KRW 40,331,00 among the lease deposit return claims (with regard to D, 402, hereinafter, the instant claim) which C has against the Defendant (with regard to e.g., the Suwon District Court 2018TTT 4455).

The order of seizure and collection was served on March 14, 2018 on the defendant, who is the third debtor.

B. The Korea Housing Finance Corporation, as a creditor of C on March 2, 2018, filed an application for provisional seizure against claim of KRW 36,351,842 among the instant claims (Seoul District Court Decision 2018Kadan32772), and made a decision of acceptance on March 21, 2018.

The decision of provisional seizure against the above claim was served on March 26, 2018 on the defendant, who is the garnishee.

C. On March 30, 2018, the Defendant deposited KRW 20,000,000,000, which was already refunded to C from the claim 60,000,000, and KRW 1,249,330, in balance, after deducting the overdue rent and electricity fee, the Defendant deposited KRW 38,750,670, with the deposit officer of Suwon District Court.

Accordingly, the Plaintiff and the Korea Housing Finance Corporation (U.S. District Court E), which are creditors in conflict with the Suwon District Court, were initiated with the distribution procedure (U.S. District Court E), and the amount of KRW 20,278,277,548,548 were distributed to the Plaintiff, among the amount of KRW 38,55,79, excluding execution expenses, on the date of distribution progress on June 25, 2018.

[Evidence: Evidence No. 1, 6, 7, 8, 9, Evidence No. 1, 2, 4 and 5, all purport of oral argument]

2. Determination

A. Where the plaintiff's assertion, seizure and collection order has been issued, the garnishee shall be liable for the delay from the next day after the date when the garnishee was served with the collection order and the execution creditor requested the collection money.

(Supreme Court Decision 2010Da47117 Decided March 14, 2018 (Supreme Court Decision 2010Da47117). When the seizure and collection order of the instant claim was served on the Defendant, the Plaintiff sent to the Defendant a copy of the decision by having the employee F affixed a photograph of the decision, and sent it to the Defendant.