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1. The plaintiffs' claims against the defendant (appointed parties) are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Plaintiff A attached the claim for the price of goods against Nonparty Company G (hereinafter “Nonindicted Company”) as the preserved right, the claim for the price of goods against Nonparty Company H as the preserved right. The Plaintiff Company B (hereinafter “Plaintiff Company”) also provisionally attached the claim for the price of goods against Nonparty Company as the preserved right under this court’s 2019Kadan10215 with the claim for the price of goods against Nonparty Company as the preserved right.
B. Accordingly, H deposited KRW 89,033,115 (hereinafter “the deposit of this case”) with the court around March 11, 2019 on the ground that the provisional seizure of claims, etc. against the garnishee of the above provisional seizure was concurrent (hereinafter “instant provisional seizure”).
C. After that, the Plaintiff filed a lawsuit against the Nonparty Company with this Court 2019Kadan104156, and the above court rendered a judgment on July 24, 2019 that “The Nonparty Company shall pay the Plaintiff KRW 70,312,129, and delay damages therefor,” and the above judgment became final and conclusive at that time. The Plaintiff filed a lawsuit against the Nonparty Company seeking payment of the price for the goods under the Incheon District Court 2019Gadan211894. On August 22, 2019, the above court rendered a judgment to the effect that “The Nonparty Company shall pay to the Plaintiff Company KRW 22,603,40, and delay damages therefrom,” and the above judgment became final and conclusive at that time.
In accordance with the deposit of this case, the distribution procedure (hereinafter “instant distribution procedure”) was in progress with D in the court, and the said court, on October 31, 2019, prepared a distribution schedule with the same content as that indicated in the attached Table (hereinafter “instant distribution schedule”) on the date of distribution.
E. The Plaintiffs appeared on the aforementioned date of distribution and raised an objection to the whole amount of dividends to the Defendant (Appointed Party) and the designated parties, and filed the instant lawsuit on November 5, 2019, which was seven days thereafter.
[Ground of recognition] There is no dispute.