1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. The Plaintiff filed a lawsuit against C with the Seoul Western District Court 2008Gadan5274, and was sentenced by the above court that “C shall pay to the Plaintiff damages for delay at a certain rate of 28,634,785 won and 28,389,575 won among them.”

B. On February 28, 2013, the Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”) on the claim, such as monthly pay, etc., that the obligor C holds against the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”), the garnishee, as Seoul Southern District Court 2013TT 4059, using the claim amount as KRW 70,195,725.

[Grounds for Recognition: The descriptions of evidence Nos. 1 and 2 and the purport of the whole pleadings]

2. Determination as to the cause of action

A. The Plaintiff’s assertion, the obligor, established the Defendant Company, and exercised the right to manage the Defendant Company to evade the obligee’s debt in excess of the debt. The Defendant Company, in collusion with the Plaintiff according to the seizure and collection order of this case, in order to prevent the Plaintiff from committing a tort or from executing the seizure and collection order of this case by concealing the actual benefits of C so that C may escape compulsory execution. As such, the Defendant Company is liable to compensate the Plaintiff for damages caused to the Plaintiff by reporting the actual benefits of C so that C may avoid compulsory execution. The Defendant Company, as the representative of the Defendant Company, filed a report on wages with the Defendant Company on the reduction of the actual benefits of C so that C may avoid compulsory execution. The Defendant Company, as the representative of the Defendant Company, made a false statement on the seizure and collection order of this case, thereby preventing the Defendant Company from committing a tort in the course of performing his duties, or preventing the execution of the seizure and collection order of this case by concealing the actual benefits of C and reporting it to the Defendant Company and C.

Therefore, the Defendants are in collusion with C.