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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the cause of the plaintiff's claim
A. On May 20, 201, the Plaintiff received two promissory notes in Seoul Special Metropolitan City, the date of payment, the date of payment, the date of payment, and the place of payment, from the issuer’s green light, face value of KRW 130 million (hereinafter “green light”) from the green light company (hereinafter “green”) on May 20, 201, and lent KRW 260 million to the green light.
B. On August 10, 2012, Green Landscaping transferred KRW 130 million for the construction cost claim against Shee Construction Co., Ltd. (hereinafter “Shee Construction”), and on September 25, 2012, Shee Construction paid KRW 130 million to C on September 25, 2012.
C. The Defendant filed a lawsuit against C by asserting that the claim transfer and takeover contract between green protocol C was a fraudulent act with the Seogu District Court Branch Decision 2013Ga2277, and sought revocation and return of the value thereof. However, on February 20, 2014, the Defendant filed an appeal with the court of the first instance and filed an appeal in accordance with the Daegu High Court Decision 2014Na20856, and subsequently revoked the assignment contract between C and green light within the limit of KRW 17 million from the above appellate court to the date of full payment. C was rendered a favorable judgment with the purport that “The Defendant shall pay the Defendant 17 million won and the amount calculated at the rate of 5% per annum from the day following the day when the judgment becomes final and conclusive to the day of full payment.”
C Re-appealed to the above appellate judgment and filed an appeal with the Supreme Court Decision 2014Da231163, but on February 26, 2015, the judgment of the appellate court became final and conclusive. D.
On March 9, 2015, C deposited KRW 107,161,232 ( principal KRW 17,700,000, KRW 161,232) in total, the sum of the amount, interest, etc. ordered to be returned by the final and conclusive judgment of the said appellate court with the Defendant as the principal depositee at the Daegu District Court Decision 2015, KRW 1548.3.9.
However, the above KRW 107,161,232 is the construction cost that the construction should be paid to the green landscape.