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

A. On August 23, 2019, the Plaintiff’s execution title of the notarial deed No. 392, 2019 against C, which was issued by the Changwon District Court, as the Jinwon Branch Branch of Jinwon Branch of Jinwon District Court 2019TT32, with respect to “C’s right to claim the return of custody deposit amount of KRW 90 million pursuant to the E Corporation’s E Corporation against the Defendant,” and the said order was served on the Defendant, who is the garnishee on August 29, 2019 and finalized around that time.

B. On May 28, 2016, C entered into a contract with EDR (F) under the name of the Defendant and completed the construction work, under which C entered into a contract with the EDR (E) for the “E Corporation” in the Maddong-si of China for KRW 90 million.

[Ground of recognition] Facts without dispute, Gap 1 through 3, the purport of the whole pleadings

2. The assertion and judgment

A. Since there is no dispute between the parties that the Defendant received KRW 25 million from F for the purpose of construction payment around October 4, 2016 as the result of the determination on the cause of the claim, the Defendant is obligated to pay KRW 25 million and delay damages to the Plaintiff, who received the entire claim for the money deposited in the construction payment against C, barring any special circumstance.

B. As the Defendant alleged that the Defendant paid the custody money to C, in full view of the purport of the argument as a whole, the Defendant’s assertion on the Defendant’s assertion that the custody money was paid to C, F paid part of the construction payment directly to C. The Defendant, under the pretext of the existing loan and the construction payment received from C, remitted KRW 70,000,000 from October 14, 2016 to December 15, 2016, and KRW 12,50,000 from July 17, 2017; and C, around July 21, 2017, by receiving KRW 12,50,000 for the remainder of the construction and supervision expenses of G Hospital Corporation in the U.S., and upon receiving KRW 90,50,000 for the completion of the contract payment, the Defendant’s receipt was completed, and thus, deposited in C’s account.

The defendant's assertion of repayment is justified.