The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On August 2, 2016, the Plaintiff filed a lawsuit against C for a loan, and on December 7, 2016, the Plaintiff was sentenced to the judgment “C shall jointly and severally with D to pay 50,000,000 won to the Plaintiff and the amount equivalent to 5% per annum from January 1, 2016 to September 5, 2016, and 15% per annum from the next day to the date of full payment.”

The above judgment became final and conclusive on January 17, 2017.

(Seyang District Court 2016Gadan18619). (b)

On December 31, 2018, the Plaintiff filed an application for the seizure and collection order of the amount equivalent to the amount of the instant claim out of the claim amount among the obligor C, the garnishee, the Defendant, the claim amount of KRW 69,109,58, and the claim for the collection of the seized construction costs (hereinafter “the claim for construction costs of this case”) with the Seoul Western District Court Decision 2018TTTT12037, the Plaintiff received the seizure and collection order of the claim on January 3, 2019, and served on the Defendant on January 8, 2019.

(hereinafter referred to as “the instant claim seizure and collection order”). C.

The Defendant appealed against the instant order of seizure and collection, and the appellate court dismissed the Defendant’s appeal on July 4, 2019 (Seoul Western District Court 2019Ra10), and the instant order of seizure and collection became final and conclusive on July 18, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion has a loan claim against C based on the final and conclusive judgment, and C received the instant claim seizure and collection order as to the instant claim for construction price, which C holds against the Defendant, and thus, the Defendant is obligated to pay the Plaintiff KRW 69,109,588 and the delayed payment damages therefor.

B. The existence of a claim subject to seizure in a claim for collection of judgment is a requisite fact and the burden of proof is borne by the Plaintiff (see Supreme Court Decision 2005Da47175, Jan. 11, 2007). According to the evidence No. 3, the Defendant’s statement in the evidence No. 3, Jun. 28, 2017.