1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 19, 2017, the Defendant applied for a collection order of seizure and collection of the instant corporeal movables claim against the Plaintiff by using the claim amounting to KRW 50,000,000 based on the Notarial Deed of Promissory Notes (No. 2015, No. 2555 of the Preparation of Law Firm No. 195) held against Gwangju Jin as the claim claim amounting to KRW 50,000,00, as the claim amount. The Defendant received a decision of seizure and collection on April 19, 2017. The said decision was served on the Plaintiff, a garnishee, on April 22, 2017.

B. At present, corporeal movables in this case are possessed by the Plaintiff.

[Grounds for recognition] The entry of the evidence Nos. 1, 2, and 2-1, 2-2, and the purport of the whole pleading

2. As to the principal lawsuit

A. The Plaintiff’s assertion Gwangju City concluded a consignment agency contract with the case (hereinafter “K”) and obtained the right to possess and use the instant corporeal movables.

However, the Plaintiff entered into a commission agency contract with the case, and acquired the right to possess and use the corporeal movables of this case.

Therefore, since the right to possess and use the corporeal movables of this case is not Gwangju Metropolitan City, the defendant's refusal of compulsory execution against the right to claim the delivery of the corporeal movables of this case based on the above notarial deed is sought.

C. Since there is no evidence to acknowledge the above assertion by the Plaintiff, the Plaintiff’s claim cannot be accepted without examining further.

2. As to the counterclaim

A. According to the seizure and collection order of the Defendant’s claim for the delivery of the instant corporeal movables, the Defendant shall exercise the Plaintiff’s claim for the delivery of the instant corporeal movables.

Therefore, when the Plaintiff delivers the instant corporeal movables to the Defendant, and when the execution of delivery of S7 mobile phones was impossible at gallon No. 1 of the instant corporeal movables, the Plaintiff sought payment of KRW 79,700, which is equivalent to the market price under the relevant claim.

B. On the claim for delivery of corporeal movables 1