1. All of the plaintiff's claims are dismissed.

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

1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 9.

On April 24, 2013, on the basis of the authentic deed of a promissory note against C, the Defendant was issued a seizure and collection order (hereinafter “pre-trial seizure and collection order”) with respect to the claim against D Co., Ltd. (hereinafter “Nonindicted Company”) by the Daegu District Court Branch of the Daegu District Court Branch of 2013TTT863, and the authentic copy was served on the non-party company as the garnishee on April 26, 2013.

B. Based on the foregoing order of seizure and collection, the Defendant collected KRW 12,216,970 in total from the non-party company from May 31, 2013 to April 30, 2014 (hereinafter “the collection amount of this case”).

C. On May 27, 2014, on the basis of the authentic deed of a promissory note against C, the Plaintiff received a seizure and collection order (hereinafter “post seizure and collection order”) with respect to the wage claim against the non-party company in the Daegu District Court-dong Branch 2014TT 1049, and the original copy was served on the non-party company on May 29, 2014.

On December 11, 2014, the defendant reported the collection of the collection amount of this case to the above court.

2. The parties' assertion

A. The plaintiff asserted that the plaintiff was obligated to deposit the collection money of this case and its delay damages pursuant to Article 236 of the Civil Execution Act, because the plaintiff received a subsequent seizure and collection order before the defendant reported the collection of the collection money of this case. If the defendant violated the above obligation, the defendant is obligated to pay compensation to the plaintiff as an indirect compulsory performance.

B. The defendant's assertion that, although the plaintiff did not have a claim against C, the defendant prepared a notarial deed of promissory note by false conspiracy with C and received a seizure and collection order, and thus, the plaintiff's execution claim against C is nonexistent.

3. The creditor who has received the order of collection shall have the amount of the collected claim before the court.