A. As to C, the Plaintiff has a claim for damages for delay calculated at the rate of 25% per annum from March 19, 2017 to the date of full payment, based on the authentic copy of a notarial deed with executory power of 1382, 2016, which belongs to the Daejeon District Public Prosecutor’s Office.

B. Based on the notarial deed with executory power, the Plaintiff received the Daejeon District Court’s order of seizure and collection of the claim for security deposit amounting to KRW 130 million against the Defendant (hereinafter “instant security deposit claim”) from the Daejeon District Court on April 10, 2018, with respect to the security deposit claim amounting to KRW 130 million against the Defendant (hereinafter “instant security deposit claim”), and served a collection order on the Defendant, who is the garnishee.

C. Meanwhile, on April 17, 2019, the Defendant paid KRW 12,495,994 to E, who received a seizure and collection order (Seoul District Court 2018TTT 1416) for the instant claim for lease on a deposit basis as of February 7, 2018, and paid KRW 109,668,223 to E, who is the holder of the right to collateral security (the maximum amount of claims 120 million) with respect to the instant lease on a deposit basis, on April 23, 2019, the Defendant paid KRW 109,668,223 to F, and deposited KRW 7,35,783 in accordance with Article 487 of the Civil Act to G’s heir on April 24, 2019 (Death on April 2, 2018).

[Ground] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 7 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff, a collection obligee, the amount of KRW 37,705,479, and damages for delay calculated at the rate of 12% per annum from October 23, 2019 to the date following the delivery of a copy of the complaint, to the date of full payment, barring special circumstances.

3. Determination as to the defendant's assertion

A. As to the instant claim for lease on a deposit basis, the Defendant paid KRW 109,668,223 to F, who is a mortgagee of lease on a deposit basis, and KRW 12,495,94 to E, respectively, and paid KRW 733,783 to E, who is a mortgagee of lease on a deposit basis with the heir of the mortgagee C, so the remainder of KRW 73,783 is extinguished.