1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. C paid a lease deposit of KRW 30,000,00 to the Defendant, and operated a gas station with the trade name, namely, lease of KRW 1,422 square meters and its ground buildings, etc. owned by the Defendant (hereinafter “instant lease agreement”) and “E stations”.

B. Meanwhile, on the other hand, the Plaintiff lent 30,000,000 won to C with interest rate of 24% per annum, and on January 22, 2016, drafted a notarial deed as the No. 38, 2016 No. 38, a document prepared by a notary public F Office.

C. On May 3, 2016, the Defendant remitted KRW 18,100,00 to C as the refund of deposit for lease under the instant lease agreement, and monthly taxes and public charges that C did not pay by the time are KRW 7,90,000 in total.

The Plaintiff, based on the executory exemplification of the above notarial deed, was KRW 37,642,090 on June 3, 2016 (i.e., principal KRW 30,00,000, interest of KRW 7,495,890, enforcement cost of KRW 146,200). The Plaintiff received a collection order for the attachment and collection of the amount equivalent to the above amount of the claim out of the lease deposit returned claims under the instant lease agreement against C against the Defendant (Ulsan District Court Decision 2016TBE586; hereinafter referred to as “instant seizure and collection order”), and the original copy of the decision was served on the Defendant on June 9, 2016.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, Eul's 6-1, the purport of the whole pleadings

2. According to the facts established prior to the determination of the cause of the claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff, the collection obligee of C, the remainder of KRW 22,100,00,000, excluding the remainder of KRW 18,100,000, which the Defendant already returned to C, after deducting the unpaid monthly taxes and public charges from the lease deposit amount of KRW 30,000 under the instant lease agreement, as the Plaintiff seeks.

3. On the judgment of the Defendant’s assertion, the Defendant, before receiving a delivery of the seizure and collection order of the instant case, on the grounds of the judgment.