2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. The Plaintiff filed a lawsuit against C (hereinafter “C”), and the judgment that “C shall pay to the Plaintiff the amount of KRW 69,00,000 and the amount calculated at the rate of 15% per annum from October 26, 2017 to the date of full payment” was rendered (C), and this judgment became final and conclusive as it becomes final and conclusive.

B. The Plaintiff, based on the above judgment, received a claim claim against the Defendant: “The amount equivalent to KRW 78,130,685 out of the claim amount for administrative services related to corporate rental housing of 15 parcels, which is the sum of KRW 78,130,685, from among the claim amount for administrative services related to corporate rental housing of 15 parcels, from the Suwon District Court, on September 20, 2018, and issued a claim seizure and collection order (hereinafter “instant collection order”); and the order was served on the Defendant on October 1, 2018.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. Since the plaintiff's assertion C is a claim for administrative service costs to be paid by the defendant, the defendant, the garnishee of the collection order of this case, is liable to pay 78,130,685 won and delay damages to the plaintiff, the creditor of the collection order of this case.

B. Even according to the Defendant’s assertion and the “business agreement and a fund management agency agreement concluded between the Defendant and C,” the Defendant’s claim for administrative service costs against the Defendant did not occur at present. Therefore, there is no claim for collection claimed by the Plaintiff.

3. In a lawsuit seeking the amount of collection, the existence of a claim for collection is a requisite fact and the burden of proof is borne by the plaintiff.

(See Supreme Court Decision 2005Da47175 Decided January 11, 2007, and Supreme Court Decision 2013Da40476 Decided June 11, 2015, etc.). In full view of the purport of the entire pleadings in the items of evidence Nos. 1 and 2 of the evidence Nos. 1 and 2, C was established on March 14, 2012 and engaged in real estate leasing business, etc. with the trade name “Co. E”.