1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 30, 2014, the Plaintiff received the order of seizure and collection from the Jeju District Court Decision 2014TTY 2014TY 6531, the Defendant and the third obligor’s claim amounting to KRW 25,559,457, and the Defendant was served on October 31, 2014 on the Defendant, and on November 4, 2014 on the Plaintiff, and on November 21, 2014 on the non-party company, respectively.

B. After December 29, 2014, the Defendant served the non-party company as the debtor on December 29, 2014, and deposited KRW 28,337,319 with the creditor as the debtor, and KRW 17 claims seizure, provisional seizure, etc. on January 2, 2015, where the non-party company as the debtor and the creditor as the creditor were served with the amount of KRW 134,294,250, each of which was served with the collection order of KRW 134,294,250, the Defendant deposited KRW 23,798,310 with the Jeju District Court on February 24, 2015, based on the fact that the seizure and provisional seizure of claims, such as deposits, against the defendant of the non-party company as the ground for deposit.

C. On May 1, 2015, the Plaintiff received dividends of KRW 19,882,808 out of the amount of claims against Nonparty Company in the distribution procedure at the Seoul Central District Court C.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings.

2. Determination

A. The plaintiff's assertion explicitly agreed with the non-party company to withhold the repayment or deposit of the collection amount to the plaintiff, and then the plaintiff claiming the payment of the collection amount to the plaintiff who made a request for the payment of the collection amount, but the seizure and provisional seizure occurred when the claims, such as the deposit, etc. against the defendant of the non-party company were seized, etc., and the plaintiff made a deposit. Thus, due to the plaintiff's mistake of delaying the payment of the collection amount to the non-party company, the plaintiff was paid 19,873,133,00 won out of 25,559,457 won, which was paid 19,873,1330 won out of 25,686,324 won, which was paid to the non-party company, and thus, the defendant is liable to compensate the plaintiff

B. Determination 1.