A. On July 2009, the Defendant entered into a credit transaction agreement with the Nonghyup Bank Co., Ltd. (hereinafter “CF”) and obtained a loan from the Nonghyup Bank, and created a pledge to the Nonghyup with respect to the Defendant’s claim for the refund of membership fees for ice golf & cooking (hereinafter “the instant claim”) with respect to the management of Egys Co., Ltd. (hereinafter “Ens”) owned by the Defendant as security for the loan obligations.

B. Around February 29, 2012, the Plaintiff acquired the above loan claims and pledge against the Defendant from the Nonghyup.

C. On April 24, 2013, Nice was decided to commence rehabilitation proceedings with Jeju District Court 2013 Gohap3, and on September 19, 2014 and March 31, 2016, Nice paid KRW 214,097,127, which is the discounted amount of the instant claim, in accordance with the revised rehabilitation plan approved by the above court, in early repayment of KRW 214,097,127, which was the discounted amount of the instant claim in accordance with the revised rehabilitation plan approved by the above court on September 19, 2014 and on March 31, 2016, as Jeju District Court Decision 2016, April 25, 2016, on the ground that, under the Jeju District Court 2016, Nice was unable to know who any of the Plaintiff, Defendant, and Nonghyup was the genuine creditor of the instant claim, and deposited KRW

(hereinafter referred to as “instant deposit”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 and 2 (including the relevant branch numbers), the obvious fact to this court, the purport of the whole pleadings.

2. Determination

A. There is no dispute between the parties regarding the fact that the right to claim the return of the instant deposit belongs to the Plaintiff in itself between the Plaintiff and the Defendant to whom the right to claim the return of deposit belongs.

B. In the case of the deposit for repayment on the ground of the creditor’s relative uncertainty pursuant to the latter part of Article 487 of the Civil Act, one of the persons to whom the deposit was made shall submit a written consent of the other person to whom the deposit was made or a final and conclusive judgment in favor of the other person to confirm the right to claim the withdrawal of the deposited goods.