1. The plaintiff's claim is dismissed.

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

1. On March 7, 2016, the Plaintiff was determined by the Changwon District Court Decision 2015Kadan19783 on March 7, 2016 as to the claim for the return of deposit held by D in Changwon Livestock Cooperatives (hereinafter “ Changwon Livestock Cooperatives”) based on the judgment on the loan case No. 2015Kadan19783, which was subject to the original district court’s decision on the seizure and collection order of the claim No. 201

From March 9, 2016, the Defendant borrowed KRW 200 million from the Defendant as of March 16, 2016 from the due date to due date on March 16, 2016, and as at 20% interest per annum, entered into a notarial deed of a monetary loan agreement with the content of recognizing compulsory execution in the event of default, and remitted KRW 200 million to D’s Changwon Credit Account on the same day.

On March 22, 2016, the Defendant received the decision of Changwon District Court 2016 Taz2343 on the claim to return the deposit against D's Changwon Livestock Cooperative based on the above notarial deed.

The Changwon Livestock Cooperative deposited KRW 388,122,123 in the Changwon District Court. Accordingly, in the distribution procedure of the Changwon District Court C, the court deposited KRW 37,936,539, the amount to be actually distributed on July 20, 2016, the court set up and distributed a distribution schedule in which the Plaintiff and the Defendant distribute the amount of KRW 5,909,068 and KRW 32,027,471 in the same order, respectively. The Plaintiff raised an objection against the amount of KRW 30,990,932 (=the amount claimed by the Plaintiff KRW 36,90,000 - the amount claimed by the Plaintiff KRW 5,909,068) out of the amount of dividends.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2

2. Determination on the cause of the claim

A. The monetary loan contract between the defendant and D, which causes the claim, is null and void by a false agreement. Since the seizure and assignment order based on an invalid notarial deed is not effective, it shall not be a dividend to the defendant. The above deposit shall be distributed to the plaintiff within the extent of the claim amount of the plaintiff.

B. The plaintiff is short of the due date and in particular set seven days, the shortest period during which the execution clause can be granted on a notarial deed, and can be executed.