Plaintiff

Defendant

November 23, 2006

1. The defendant shall pay to the plaintiff the amount of KRW 52,512,433 according to the collection order and the seizure and collection order of the Busan District Court 2005TTT 2525, and shall report the reasons therefor.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Facts of recognition;

A. On February 5, 2004, the Defendant received a provisional attachment order as to the goods payment claim against Nonparty 2, etc. by the Busan District Court 2004Kadan3040, the non-party 1 Co., Ltd. (hereinafter “non-party 1”), and on March 24, 2005, based on the original copy of the judgment with executory power of 2004Kahap9162 against the non-party 1, the Busan District Court 2005Kaga2525, the claim amounting to KRW 256,591,00,000 against the non-party 1’s goods payment claim against the non-party 2, who transferred the above provisional attachment to the original attachment (hereinafter “the seizure and collection order of this case”).

B. After that, based on the collection and seizure order of this case, the defendant filed a payment order with the Changwon District Court 2005 tea5801, which requested payment order against the non-party 2 for collection, and on September 20, 2005, the above court ordered the payment order "the non-party 2 shall pay to the defendant 50 million won and the damages for delay calculated at the rate of 20% per annum from the day after the original copy of the payment order was served to the day of complete payment, and 46,680 won for the demand procedure." The above payment order was finalized by the lapse of the period for filing an objection.

C. In addition, on December 30, 2005, the Defendant received a seizure and collection order as to the medical care benefit claim against Nonparty 2 for the National Health Insurance Corporation as the claim amounting to KRW 52,512,433 on December 30, 2005 under the above payment order which became final and conclusive, and reported each of the above courts to collect KRW 52,512,433 on February 15, 2006, with the amount of KRW 39,423,60 on February 15, 2006, and KRW 52,512,433 on December 22, 208, and on the 20th and 23th of the same month.

D. Meanwhile, on February 10, 2004, the Plaintiff received a provisional attachment order of KRW 350 million against Nonparty 2 of the company Nonparty 1 with the claim amounting to KRW 350 million as Changwon District Court 2004Kadan974 on February 10, 2004. This decision was served on Nonparty 2, who is the garnishee, around that time. Further, on November 30, 2005, the Busan District Court 2005 Taga17157, issued a claim and a collection order for KRW 150,000 against Nonparty 2, and around that time, the above order was served on Nonparty 2.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Eul evidence 1-5, Eul evidence 6-1 and Eul evidence 6-2, the purport of the whole pleadings

2. The assertion and judgment

(a) Occurrence of obligation to report collection;

(1) Where there exists a seizure and collection order against a monetary claim, this is limited to the right of the creditor to collect the monetary claim against the third debtor in the compulsory execution procedure. Thus, it does not transfer or belong to the creditor to the creditor to collect the monetary claim against the third debtor (Supreme Court Decision 2000Da73490, Mar. 9, 2001). The creditor to collect the monetary claim upon receipt of the collection order is a kind of collection agency according to the creditor's authorization of the court of execution and is engaged in the collection from the third debtor for all the creditors participating in the seizure and distribution (Supreme Court Decision 200Da43819, Mar. 27, 2001). Thus, when another seizure, provisional seizure or distribution has been made after the creditor receiving the collection order completes the collection and before filing a report of the collection, the creditor shall immediately deposit the collection amount and report the reason therefor to the court (Article 236(2) of the Civil Execution Act), and the creditor may file a joint lawsuit against the other creditor who did not file a lawsuit against the creditor to deposit.

(2) According to the above facts, the above collection amount that the defendant received from the National Health Insurance Corporation was executed by the defendant after the defendant filed a judicial claim (request for payment order) against the non-party 2 based on the seizure and collection order in this case. Since the defendant collected the claims subject to the seizure and collection order in this case, it is obligated to report the collection to the Busan District Court, which is the law of issuing the seizure and collection order in this case, and since the defendant received the provisional seizure, the seizure and collection order for the same seized claims before the defendant filed a report on the collection, and the decision or order competes with the seizure by delivery to the non-party 2 at that time, the defendant is obligated to deposit 52,512,433 won in Busan District Court and report the reasons therefor as prescribed in the above law.

B. Judgment on the defendant's assertion

In regard to this, the defendant's claims collected by the defendant are not against the non-party 1, but against the non-party 2. The plaintiff's claims are different from the claims attached by the plaintiff, and the plaintiff did not receive provisional seizure or seizure against the claims from the National Health Insurance Corporation until the defendant collected the claims from the National Health Insurance Corporation. Thus, the plaintiff asserted that the defendant did not have a right to the collection amount. Thus, as seen above, the above collection amount that the defendant received from the National Health Insurance Corporation was executed after the defendant received a payment order against the non-party 2, based on the seizure and collection order of this case. Thus, the above collection amount is the collection amount according to the above Changwon District Court 2005TTT8439 and collection order of this case, but it is also the collection amount according to the seizure and collection order of this case (the defendant did not keep any claims against the non-party 2 or the National Health Insurance Corporation without entering into the seizure and collection order of this case). Thus, the plaintiff's claims cannot be viewed as other claims attached by the defendant.

3. Conclusion

Thus, the defendant is obligated to pay 52,512,433 won according to the collection order under the seizure and collection order of this case, and to report the reason. Thus, the plaintiff's claim is justified and it is so decided as per Disposition.

Judges Lee Jong-chul