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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 15, 2014, B entered into a lease contract with the Defendant for the lease deposit of KRW 50,00,000, KRW 1,000,000 per month, and the contract term of KRW 1,00,000 per month, between February 13, 2014 and February 12, 2015 (hereinafter “instant lease contract,” and the said lease deposit was paid around that time.
B. On March 11, 2015, the Seoul Northern District Court 2015Kadan20439 (hereinafter “the provisional seizure order of this case”) issued a provisional seizure order with respect to the claim for the repayment of the lease deposit of this case with the loan claim amounting to KRW 46,200,000 against B, and the said decision was rendered.
3. The defendant was served on 23.
C. On July 14, 2015, the Plaintiff filed a lawsuit against B on the claim for loans (Seoul Eastern District Court 2015da110448), and was sentenced to the judgment that “B shall pay to the Plaintiff 46,200,000 won with the interest of 5% per annum from January 1, 2015 to May 20, 2015, and 20% per annum from the next day to the date of complete payment.” The above judgment became final and conclusive around that time.
On August 11, 2015, the Plaintiff was issued a collection order for the transfer of provisional seizure to the provisional seizure by Seoul Northern District Court 2015TTTT101721 on August 11, 2015, and the above order was issued.
8. 13. The service was made to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the defendant bears the obligation to return the lease deposit to B, and seek the payment of the collection amount according to the above seizure and collection order.
As to this, the defendant, on March 14, 2015, prior to the service of the provisional seizure order of the claim of this case as the contract term of this case expires, shall make a lease deposit to B.