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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 April 24, 2012, the Defendant leased the leased deposit amount of KRW 180,000,000 to Sungnam-si Subdivision D’s Subdivision (hereinafter “instant store”) and C paid KRW 180,00,000 to the Defendant for the lease deposit.
B. On December 27, 2012, the Plaintiff: (a) claimed a loan of KRW 30,000,000 against C as a preserved right; and (b) received a decision of provisional seizure of claims with the Incheon District Court 2012Kadan18480 regarding KRW 30,00,00 among the claim to return the lease deposit against the Defendant of the above C (hereinafter “the lease deposit refund claim of this case”); and (c) the said decision was served on the Defendant on January 3, 2013.
C. On March 27, 2013, the Plaintiff filed an application with the Incheon District Court for a payment order against C to request a loan as the Incheon District Court 2012 tea15923, and received a decision of Incheon District Court 2013TT7 as to KRW 31,397,260 of the returned lease deposit of this case as the title of execution of the payment order. The said decision was served on the Defendant on April 3, 2013.
【Ground for Recognition: Evidence No. 1, Evidence No. 2, Evidence No. 7-1, 2, Evidence No. 1, and the purport of the whole pleadings】
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay the collection amount and the delay damages based on the above collection order to the plaintiff.
B. On July 18, 2012, the defendant asserted that the claim for the return of the lease deposit of this case was entirely extinguished, as to the judgment on the defendant's defense.
According to the evidence No. 2 (the plaintiff denies the authenticity, but according to the appraiser E's appraisal result), evidence No. 3-3-A-5, evidence No. 5-1, and evidence No. 6-1, C shall pay and exchange the difference between F and F on July 2012 between the lease right to the store of this case and the lease right to the store of this case and the G building No. 118 of F on July 2012 between F and F on condition that C shall pay and exchange the difference to F on condition that the name of the store of this case is H.