1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is a person who runs the vessel parts and the processing and repair business under the trade name of F, and the Defendant is the owner of the vessel listed in the separate sheet (hereinafter “instant vessel”).

B. G Co., Ltd. chartered the instant vessel from the Defendant to enable H to operate the instant vessel.

C. On September 12, 2016, H, while operating the instant vessel, requested the Plaintiff to repair the engine failure.

(D) On October 19, 2016, with respect to the instant vessel, the auction procedure for vessel was commenced (hereinafter “the first repair”). G Co., Ltd. received a decision to grant a temporary operation permit from the above auction court on October 28, 2016. After the said decision, the instant vessel was used for navigation, and the engine failure again occurred. The instant vessel entered Busan Port on December 8, 2016, and the Plaintiff repaired the instant vessel on December 8, 2016, with the replacement of an engine (hereinafter “the second repair”). From the above auction procedure, the Plaintiff was able to repair the instant vessel from the said auction procedure to the Defendant, with the amount of KRW 41,911,290 to be distributed on February 8, 2018, with the amount of KRW 4,14714,130 to be spent on April 14, 207, 207, 2006, 307, 1307, 2007, 3016, 207.

(A) The entry of the distribution of dividends to other creditors is omitted).

On the date of distribution, the Plaintiff raised an objection against KRW 151,541,50 out of the amount of dividends against the Defendant, and filed the instant lawsuit on February 9, 2018, which was seven days thereafter.

[Ground of Recognition] Unsatisfy, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4-8, Eul evidence 1, and testimony of witness I of this court

2. The charterer who charters the instant vessel from the Defendant alleged by the Plaintiff, permits the above auction court to temporarily operate the vessel.