1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff filed a lawsuit against B against this court as the court 2013da6920, and this court rendered a judgment on July 16, 2013 that “B shall pay to the Plaintiff 69,44,825 won and the interest rate of 20% per annum from May 22, 2013 to the date of full payment,” and the above judgment became final and conclusive thereafter.

B. On September 22, 2014, based on the authentic copy of the above executory judgment, the Plaintiff received a seizure and collection order (hereinafter “the seizure and collection order of the instant claim”) as to the amount of KRW 77,900,025 out of the amount deposited in the Gwangju Bank Account (D) deposited in the name of Gwangju Bank Account (hereinafter “the amount of KRW 77,90,025 out of the amount of the claim”). At that time, the above seizure and collection order was served on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The summary of the cause of the claim is that the Plaintiff shall return the construction goods and the construction cost that B had against the Defendant [the account number D; hereinafter “instant account”) in the name of the Defendant.

(2) Of the money deposited in 77,900,025 won, the money was seized and collected.

Therefore, the defendant is liable to pay the above KRW 77,900,025 to the plaintiff and its delay damages.

3. Determination

(a) A creditor who requests a provisional seizure or order of seizure on claims shall clarify in the application the kind and amount of the claims to be seized (Articles 225 and 291 of the Civil Execution Act), and, in particular, when he/she requests a seizure order only for a part of the claims to be seized, specify the scope thereof;

(Civil Execution Rule No. 159(1)3 and Article 218). Nevertheless, the subject and scope of the claims to be seized by the creditor while applying for provisional seizure or seizure.