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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 March 2015, the Plaintiff filed a lawsuit against C Co., Ltd. (hereinafter “C”) seeking the return of the lease deposit (Seoul Eastern District Court 2015 tea5810), and the said court ordered payment of the principal amount of KRW 81,620,00, interest of KRW 1,771,00, interest of KRW 61,80, total cost of KRW 61,80, and KRW 83,452,840, which became final and conclusive around that time.
B. On May 4, 2015, the Plaintiff received a collection and seizure order (Seoul Eastern District Court 2015TTTTT 6427; hereinafter “instant collection order”), and the claim amounting to KRW 83,452,840 following the above payment order, and the obligor C and the third obligor filed a lawsuit against the Defendant for a rent claim (Seoul Eastern District Court 2014TT 101253; hereinafter “instant rent claim”) until January 31, 2014, and the instant collection order was served on the Defendant around May 7, 2015.
C. On January 14, 2016, with respect to the instant claim for rent claim filed by C against the Defendant, the said court sentenced C to the payment of the amount of KRW 1,284,890,284 and the amount of KRW 1,122,00,000 as to the said KRW 1,282,00 from March 8, 2014 to January 14, 2016 and the amount of KRW 15% per annum from the next day to the date of full payment.
The defendant appealed against the above judgment (Seoul High Court 2016Na2010122), and on April 28, 2017, the appellate court confirmed that the creditors of C were not qualified to sue for the total amount of KRW 1,345,337,354, and on the remainder of the claims except for the seized part, the appellate court decided to recommend reconciliation that C pay damages for delay of KRW 214,804,594 and KRW 136,292,740, and the above decision was finalized on May 16, 2017.
E. In the above decision of recommending reconciliation, the attachment part that confirmed that C was not a party to the dispute includes the instant rent claim.
[Ground for Recognition] Unsatisfy, Gap, A.