A. The Defendant filed an application for a collection order of KRW 60,00,000 with the Plaintiff as the third party obligor based on the authentic copy of a notarial deed No. 741 of 2011, which was issued by a notary public against the Dong bank Construction Co., Ltd. (hereinafter “Dong bank Construction”) as a notary public, based on the original copy of a notarial deed No. 741 of 2011, the Suwon District Court rendered an application for a collection order of KRW 60,000,000 as the claim amount, and the said court cited this on May 8, 2

(hereinafter the above seizure and collection order is "the seizure and collection order of the present case").

On the other hand, on May 22, 2012, the provisional seizure order of claims 2012Kadan266 (creditor B, debtor bank construction, third debtor plaintiff) and the provisional seizure order of claims 2012Kadan929 (party debtor unification corporation, debtor bank construction, third debtor debtor) issued to each plaintiff on June 20, 2012. After each provisional seizure was delivered to the plaintiff, the Chuncheon District Court's Youngcheon Branch's Young Branch's Young Branch's order of 2012Kadan1575 on October 29, 2012, the provisional seizure of claims and collection order (amount of claim amount of KRW 57,084,594) (amount of claim amount of KRW 57,084,594) as of October 29, 2012 (amount of claim amount) and the collection order of claims 2012 Kacheon Branch branch's 2751 on August 30, 2012 (amount of claim amount of KRW 29313).

C. On August 22, 2013, the instant claim attachment and collection order issued by this court based on the collection order, the conciliation was concluded that “the Plaintiff may commence compulsory execution with the instant conciliation protocol as the title of execution from September 23, 2013 to September 23, 2013, with the amount of KRW 60,000,000 and the amount calculated by the rate of 20% per annum from February 9, 2013 to the date of full payment.”

(hereinafter “instant protocol of mediation”) D.

On September 23, 2013, the Plaintiff deposited KRW 89,023,00,00 for the goods price liability for the construction in the same bank under the title of Article 248(1) of the Civil Execution Act, which was executed on September 23, 2013.

(hereinafter “the deposit of this case”) e.

The Plaintiff filed the instant lawsuit.