All appeals are dismissed.

The costs of appeal are assessed against Plaintiff and Intervenor A private equity fund.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Where the obligor is unable to identify the obligee without any negligence, the obligor is exempted from the obligation if the obligor deposits the subject matter of performance (latter part of Article 487 of the Civil Act), and the obligee is entitled to claim the payment of deposit money against the depository;

At this time, the right to claim the return of deposit held by the creditor who is the deposited party is the right to substitute the original claim against the debtor. Thus, the subject of the ownership and the scope of the right are determined by the legal relationship in which the original claim is established

Therefore, in a case where the obligor requested the confirmation that one of the deposited parties has the right to claim payment of deposit money against the other deposited parties by depositing the repayment of the relative uncertainty because it is impossible for the obligor to know who is true creditor, whether the deposited parties have the right to claim payment of deposit money as a genuine creditor should be determined on the basis of who can exercise the original claim in the legal relationship between the deposited parties and the obligor who is the depositee.

2. Review of the reasoning of the lower judgment and the record reveals the following facts.

The Plaintiffs sold the instant shares to the Defendants, F Co., Ltd. (hereinafter “F”), and G (hereinafter “G”) (hereinafter collectively referred to as the Defendants, F, and G) and concluded an agreement pursuant to the instant memorandum of Understanding with the purport that the buyer will deposit KRW 6.35 billion with the deposit.

B. Accordingly, the Plaintiffs and the buyer concluded the instant E (hereinafter “E”) agreement with the law firm (hereinafter “E”) and the content as follows.

(1) E shall keep the deposits of this case in custody from the buyer and upon occurrence of any cause for payment or return stipulated in the instant Ecro agreement.