1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. (1) On February 4, 2016, the Plaintiff agreed to lend KRW 1 billion to D, who is a real estate development business entity of the Plaintiff’s C (hereinafter “Nonindicted Company”) for the construction cost for the apartment complex newly constructed in E System (hereinafter “instant apartment complex”). The Nonparty Company and its representative, and the vice president (hereinafter “the vice president, etc.”) agreed to pay KRW 500,000,000,000,000 to the Plaintiff’s D’s loan amounting to KRW 1 billion.

(2) As the Plaintiff did not pay the money pursuant to the agreement, the Plaintiff applied for a payment order with the Incheon District Court 2018 tea12837. On May 17, 2018, the court issued a payment order with the purport that “the Nonparty Company, etc. jointly and severally pay to the Plaintiff KRW 500 million and its delay damages.” The payment order was served on the Nonparty Company on May 29, 2018 and finalized on June 13, 2018.

B. On August 27, 2018, the Plaintiff, from the Incheon District Court, issued a seizure and collection order (hereinafter “instant claim”) against the Defendant of the non-party company as an execution bond based on the payment order indicated in paragraph (a). The Plaintiff was issued a seizure and collection order (hereinafter “instant claim seizure and collection order”) with respect to the claim against which the remainder of the purchase price claim against the Defendant of the non-party company (hereinafter “instant remainder claim”), and the instant claim seizure and collection order were served on the Defendant, the garnishee, as the garnishee, August 30, 2018.

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

2. Judgment on the plaintiff's assertion

A. The summary of the party’s assertion is that the Defendant, the collection obligee of the remainder of the instant claim, is obliged to pay the Plaintiff the money stated in the claim based on the payment order to the Plaintiff.

at least 191,875,953 won, as claimed by the Defendant to pay or set off against D, is still paid in an amount equivalent to the same amount because there is no reason to set off.