1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 19, 2012, C Co., Ltd. (hereinafter referred to as “C”) transferred the claim for litigation expenses from the Plaintiff and notified the Plaintiff of the purport thereof by a ruling on the refund of the deposit for lease between C and the Plaintiff in accordance with the instant court No. 2010da8211, Seoul High Court No. 2011Na9317, Supreme Court Decision 2012Da7120, supra.

The above notification of assignment of claims reached the Plaintiff on the 25th of the same month.

B. C filed a claim against the Plaintiff for the determination of the amount of litigation costs under this Court 2014Kao-428, and this Court rendered the said claim on December 11, 2014.

According to the judgment of each case described in the paragraph, the plaintiff decided to confirm that the amount of litigation costs to be repaid to C is KRW 20,411,650 (hereinafter referred to as the "decision of this case"). The above decision was finalized around that time.

C. On February 9, 2015, the Defendant, as a successor to C, was granted an execution clause succeeding to the instant decision.

The Plaintiff filed an application with the court for the confirmation of the amount of litigation cost to be repaid to the Plaintiff by the Seoul High Court Decision 2010Kadan50692, Seoul High Court Decision 2015Kamada90 and 91, which was the case of damages between the Plaintiff and C, 2010Kadan33128, this Court Decision 2010Kadan50692, and Seoul High Court Decision 2010Ra2303, which was the case of objection to provisional attachment, and the decision of this court on the above application

[Ground of recognition] The entry of evidence Nos. 1 and 2 and the purport of the whole pleadings

2. The plaintiff's assertion D.

Since in relation to the cases described in paragraph (1), C has a claim for litigation costs equivalent to KRW 9,147,920 against C, the above claim shall be offset against C’s claim for litigation costs against C acquired by the Defendant.

Therefore, compulsory execution based on the decision of this case should not be permitted.

3. When the transferor of the claim has given notice of transfer only, the obligor may set up against the assignee for the reason that occurred to the transferor until he received such notice (Article 451(2) of the Civil Act), and the Plaintiff shall set-off.