1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 5, 2014, C, a creditor of the Plaintiff, filed an application for compulsory auction of a ship with respect to a ship listed in the separate sheet (hereinafter “instant ship”), which is owned by the Plaintiff, and rendered a decision to commence the auction as D with the Jeonju District Court’s branch branch support.

(hereinafter “instant auction procedure”). B.

C entered into a contract with the Defendant to delegate the duties of guard and maintenance of the instant vessel, and on the same day as the date of the above date of the application for auction, filed an application with the Jeonju District Court Full Branch E to appoint the Defendant as a guard and to request the disposition of guard and preservation of the instant vessel. On June 5, 2014, the said court rendered a decision on June 5, 2014 (hereinafter “instant decision to retain the Plaintiff’s possession of the instant vessel and have the Defendant in charge of custody and preservation of the instant vessel”).

C. On June 6, 2014, according to the decision on the guard and preservation of the instant vessel, the Defendant acquired the possession of the instant vessel, which was anchored in the F of the Jeonbuk-gun, as the guard and guardian of the instant vessel, and began to manage the instant vessel.

In the instant auction procedure, the appraisal value of the instant vessel was assessed as KRW 14.6 million. However, each of the first and second auction dates was examined, and the instant vessel was sold in KRW 80,110,000 on the third auction date ( December 8, 2014).

Accordingly, on February 26, 2015, the court of execution prepared a distribution schedule with the content that the amount of KRW 80,187,474 (the sum of proceeds from sale and interest) was actually distributed after deducting KRW 42,816,450 of the execution cost from the actual amount of KRW 37,371,024, 96,990 of the total amount of KRW 37,371,024, and 36,232,213, which is the holder of the first priority issuance (the pertinent tax), and the remaining amount of KRW 1,041,821, which is the holder of the second priority issuance, was distributed to the military court of Busan, which is the holder of the second priority issuance.

E. On the other hand, around January 16, 2015, the Defendant claimed KRW 39,415,060 at the instant auction procedure for the guard and preservation of the instant vessel, and the said execution cost was 42.