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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. Basic facts
A. On July 24, 2015, the Plaintiff filed a lawsuit against D seeking payment of the price for goods as the Netcheon Branch of the Gwangju District Court 2014da15372, and sentenced D to the judgment that “D shall pay the Plaintiff KRW 84,318,300 and its delay damages.”
B. On September 11, 2015, the Plaintiff filed an application with the Daegu District Court 2015TTT District Court 2015TTT13643, whose enforcement title was the said judgment, for a seizure and collection order of the claim against the Defendants and G as the garnishee. On September 21, 201, the Plaintiff seized the obligor’s claim against the third obligor (the amount up to KRW 40,000 in the case of Defendant B and the amount up to KRW 42,902,475 in the case of the claim claim amounting to KRW 102,90,475 in the case of the Defendant C) from the said court on September 21, 2015. The garnishee was issued a ruling that the obligor should not pay the above claim to the obligor
(hereinafter “the instant decision”). The said decision was delivered to the Defendants on the 23th of the same month.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Assertion and determination
A. Defendant B asserted that the price for the goods D was KRW 5,579,500 at the time when the decision of this case was served, and paid the amount to the Plaintiff on October 10, 2015.
In addition, Defendant C deposited the full amount of the goods to be paid to D at the time of receipt of the instant decision as KRW 9,270,000, and on October 12, 2015, the Daegu District Court deposited the said full amount as KRW 6798 in 2015 on the grounds of the concurrence of seizure of claims against D.
Accordingly, the Plaintiff received dividends of KRW 7,785,773 on December 22, 2015.
However, at the time of receiving the instant decision, the Defendants had a debt equivalent to KRW 20,000,000 for each of the goods.
Therefore, pursuant to the decision of this case, the Plaintiff may collect from the Defendants the amount exceeding the amount already received or distributed from the Defendants among the goods payment claims against the Defendants as set forth in D.
Therefore, Defendant B 14,420,50 won = 20,000,000 won - 5,579.