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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1 to 8, 12 to 15, 17; (c) evidence No. 1; (d) No. 2-1 and No. 2; and (e) evidence No. 3-1.
On August 17, 2002, the Plaintiff leased the lease deposit amount of KRW 27,00,000,000 from August 31, 2002 to August 31, 2003 to the Defendant’s spouse D Apartment 8,402 (hereinafter “instant apartment”). The Defendant paid the above lease deposit to the Plaintiff, which was part of the lease deposit, around October 29, 2003, received the return from the Plaintiff-friendly E, which was part of the lease deposit.
B. F applied for a payment order against the Plaintiff for a lease deposit of KRW 27,00,000 and delay damages for the lease deposit of the instant apartment on January 31, 2004 (However, in conformity with the above payment order, the lease contract entered by the lessee as F was not submitted to this court as evidence) by the Plaintiff filed an objection against the above payment order and implemented as a lawsuit (No. 2008Gadan11444). In the lawsuit, the above C was present as the co- Mediation Intervenor, and between the Plaintiff, C and F on May 29, 2008, and the Plaintiff and C and F on May 30, 2008, “the Plaintiff shall pay the above amount to C until June 30, 2008, and C shall pay the above amount to F immediately.”
hereinafter referred to as the "mediation protocol of this case"
C. Before doing so, F had previously filed an order of seizure and collection with respect to the claim that the Plaintiff owned against the Hesan Military Livestock Industry Cooperatives under the Jeonju District Court Branch of 2007 Tasan Branch of 2007TTT3793 by using the above claim for the return of the lease deposit as the preserved claim. However, F withdrawn the application for the order of seizure and collection on July 14, 2008, which was after the instant protocol of mediation was formulated.