1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 2015, C invested money in D Co., Ltd. (hereinafter “D”), and at the time, the Defendant remitted part of the investment money to F, one of its employees E, who is the D representative director, and F and G, who is the D representative director, were jointly and severally guaranteed.

In addition, in order to secure the above investment-related obligations, around December 14, 2005, F transferred to the Plaintiff the claim for return of the lease deposit amounting to KRW 430 million against H. At the time, as to each real estate listed in the separate sheet (hereinafter “instant real estate”) that was the mother of G at the time, as the Daejeon District Court Decision No. 26601 on March 20, 2006, the maximum debt amount of KRW 400,000,000, the debtor, I who is the share holder, and the mortgagee, the debtor, and the mortgagee, the collateral security holder, registered the establishment of the collateral security (hereinafter “instant collateral security”).

B. C filed a claim against F and H with the Seoul Central District Court No. 2008Gahap110598 on the ground that F’s claim for the return of the lease deposit against H was transferred, namely, that F and H transferred the leased apartment, and H paid KRW 430 million to the Plaintiff at the same time as the said apartment was transferred from F.

C. On March 25, 2009, the conciliation was concluded to the effect that “F shall pay KRW 4400 million to C at the same time with the Plaintiff’s fulfillment of the registration procedure for cancellation of the right to collateral security, etc. of this case by April 30, 2009. If Defendant F fulfilled the registration procedure for cancellation of the right to collateral security, etc. of this case from the above payment date, it shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum from the following day to the date of full payment.”

After that, F paid the sum of KRW 362,00,000 until July 29, 2009.

On June 24, 2016, the Plaintiff rendered a judgment of partition of co-owned property in Daejeon District Court Decision 2014Kadan103707, which became final and conclusive.