1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On October 16, 2008, the Plaintiff filed a lawsuit against D in 2008 by Busan District Court Decision 2008Gau439638, and received a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) that “D shall pay to the Plaintiff the amount of KRW 9,492,540, and KRW 9,400,00 per annum 25% per annum from October 15, 1998 to the date of full payment” (hereinafter “decision on performance recommendation of this case”). The decision on performance recommendation of this case was finalized on January 10, 209.

B. Based on the decision on performance recommendation of this case, the Plaintiff requested the Busan District Court 2009TTT 9528 to issue a seizure and collection order against the debtor D and the third debtor as the defendant. On May 1, 2009, the Plaintiff was issued a seizure and collection order (hereinafter “the collection order of this case”) with the claim amounting to 24,761,917 won per annum 25% per annum from October 15, 1998 to April 28, 2009. The collection order of this case was served on the Defendant on May 6, 2009.

C. Although the Defendant intended to pay the instant collection amount to the Plaintiff after the instant lawsuit was filed, the Plaintiff refused to receive the said amount, the Defendant deposited KRW 34,405,237, the amount of the instant collection amount with the Plaintiff as the principal deposit in December 27, 2018 (hereinafter “first repayment deposit”), and on January 24, 2019, with the Plaintiff as KRW 114,000,000,000,000,000 from December 11, 2018, the following day after the instant written complaint was served on KRW 34,405,237,000 as the principal deposit, and additionally deposited KRW 34,405,237 from December 27, 2018 to December 27, 2018, the Defendant deposited KRW 34,405,237,000 as the principal deposit.

(hereinafter referred to as “second performance deposit”) d.

On January 2, 2019, the Plaintiff reserved an objection and received KRW 34,405,237 of the first repayment deposit.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, Eul evidence 2, 5, and 6, the purport of the whole pleadings

2. The assertion and judgment

(a) Determination on the cause of the claim;