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

A. (1) On June 2007, the Plaintiff entered into an investment contract with Cmanman of early 2007 and Cambodia to distribute profits accrued from the resale of land near the prospective site for the establishment of the Diplomatic Association.

(2) The Plaintiff invested KRW 200,000,000 to C from June 18, 2007 to July 11, 2007.

(3) On September 5, 2008, C reselled the above land to Diplomatic Association, and received a total of KRW 773,348,388 from Diplomatic Association to the Defendant’s National Bank Account (Account Number: E; hereinafter “instant account”).

B. (1) On March 30, 2010, the Plaintiff filed a lawsuit seeking payment of the principal and interest of investment, which was not returned to C with the Seoul Eastern District Court (2010Gahap5333). On February 9, 2011, the Plaintiff was partially awarded a favorable judgment from the said court.

(2) On October 7, 2011, the Plaintiff was sentenced to the Seoul High Court (201Na20883) that “C shall pay to the Plaintiff 255,282,277 won and the amount calculated by the rate of 5% per annum from November 11, 2008 to October 7, 201, and 20% per annum from the next day to the date of complete payment.”

The above judgment was finalized on December 16, 2011.

C. On October 22, 2014, the Plaintiff received a collection order from the Seoul Eastern District Court (2014TTT 16481) with respect to KRW 440,402,550 among the claims for return of unjust enrichment against C, and received the seizure and collection order.

The above collection order was served on October 27, 2014 on the defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 7, and 8 (including virtual number), the purport of the whole pleadings

2. The plaintiff's assertion that part of the amount of KRW 773,348,38, which was deposited in the account of this case was used as its financial institution's debt repayment, card price, hand-on telephone call fee, insurance premium, etc.

Therefore, since C has a claim for return of unjust enrichment to the defendant, the defendant is obligated to pay the collection amount out of the above money to the plaintiff as the collection right holder.

3. Determination

(a)In a claim for collection, the existence of a claim for collection is a requisite fact;