1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 1, 2013, the Plaintiff filed a lawsuit against C for a loan claim with the Changwon District Court 2013Kadan9287, and received the judgment in favor of the Plaintiff on October 1, 2013, and the said judgment became final and conclusive around that time.

B. In order to receive the above judgment amount claim, the Plaintiff received a claim amounting to KRW 40,724,869 (the principal amount is KRW 30,000,00) as to the claim amount for the lease deposit return claim against the Defendant, under the premise that C, as Seoul Northern District Court 2013TTT 21218, leased a lease contract by the Defendant to lease a building 103 (hereinafter “instant building”). The above decision was served on April 10, 2014 by public notice to the Defendant, the garnishee.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff asserted that the defendant is entitled to claim payment of KRW 40,724,869 as the collection amount based on the collection order of this case, and damages for delay.

B. In a lawsuit for the amount of collection, the existence of the claim under collection is a requisite fact and the burden of proof is borne by the plaintiff.

(See Supreme Court Decision 2005Da47175 Decided January 11, 2007). With respect to the instant case, there is no dispute between the parties to the move-in report of the instant building, but solely on the circumstance alone, it is insufficient to readily conclude that C has leased the instant building from the Defendant or has the right to return the lease deposit against the Defendant, and there is no other evidence to acknowledge otherwise.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.