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

On August 10, 2007, the Plaintiff completed the registration of establishment of a right to lease on a deposit basis for the reason of the contract to lease on a deposit basis as of August 10, 2007 with respect to the real estate listed in the separate sheet owned by B (hereinafter “the instant building”), and paid the said deposit to B around that time.

On October 8, 2009, the Plaintiff received a voluntary decision to commence auction on the instant building from the Changwon District Court through through the Changwon District Court. On December 28, 2010, a distribution schedule was prepared to distribute KRW 153,784,109 to the Plaintiff at the above auction procedure.

On December 28, 2010, D, which was the head of the legal affairs team of the Plaintiff, received the remainder of KRW 144,845,069 (hereinafter “instant dividend”) on behalf of the Plaintiff, except the provisional seizure of the claim against the Plaintiff, on behalf of the public official in charge of the common affairs branch of the Changwon District Court for the withdrawal of the court amount on behalf of the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap 2, 3, and 4 (including additional numbers), and the plaintiff's assertion to the purport of the whole argument as to the purport of the whole argument, D submitted the power of attorney and employee under the name of the plaintiff at the time of the above request for withdrawal, and there were circumstances to suspect the forgery of the above power of attorney, so the public official in charge should have confirmed that D was the true representative of the plaintiff, but neglected to pay the dividend of this case to D.

① Therefore, the Plaintiff suffered damages equivalent to the instant dividend by negligence on the part of the public official belonging to the Defendant, and thus, is liable for damages under Article 2 of the State Compensation Act, or ② the payment of the instant dividend to D, a non-authorized representative, has no effect, and thus, the Defendant is liable to pay the Plaintiff 144,845,069 won and damages for delay.

Judgment

Facts of recognition

The following facts are not disputed between the parties, or all arguments are made in each entry of Gap evidence 5, 6, 7, and Eul evidence 4 to 7.