1. The plaintiff's claim is dismissed.

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

Basic Facts

On January 23, 2017, the Plaintiff was issued an assignment order (hereinafter “instant assignment order”) with respect to a claim attachment and assignment order (as regards the claim attachment and assignment order (as to the delayed payment damages calculated at the rate of 25% per annum from January 13, 2017 to January 20, 2017) with the title of execution with respect to a notarial deed of a loan claim against C, the amount of KRW 116,570,217, out of the claim for return of oil deposit against the Defendant (i.e., the principal amount of KRW 115,690,94, KRW 994, KRW 633,923). The instant assignment order was delivered to the Defendant on January 31, 2017, and became final and conclusive on February 16, 2017.

On November 27, 2015, C entered into a lease agreement between D and D with regard to the land, building, etc. of the F station located in E during the period from December 11, 2015 to December 10, 2018, setting the lease deposit as KRW 100 million (hereinafter “instant lease agreement”). D paid the lease deposit amount to D (i.e., KRW 100 million per contract deposit) (i., KRW 10 million per contract deposit (i.e., KRW 10 million per contract deposit) on December 15, 2015.

The provisions of Paragraph (3) of the instant lease agreement are as follows.

A lessee shall submit a guarantee issued by the Credit Guarantee Fund within 15 days from the date of commencement of the business for the stable supply of oil at B Co., Ltd. which has a right to the parcel of the object, and the guarantee period shall be the rental contract period and the amount shall be the highest amount.

In addition, if the maximum amount of security deposit is less than 200 million won, the remaining amount shall be deposited in the defendant.

On December 11, 2015, the Defendant concluded a basic contract on the supply of petroleum products and the use of trademarks (hereinafter “instant oil supply contract”) with C who leased and operated a F gas station on December 11, 2015, as a company supplying the oil produced by G Co., Ltd. to gas stations, for a period of five years from the date of concluding the contract.

Article 22 of the Oil Supply Contract of this case