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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revocation shall be dismissed.
Reasons
1. Comprehensively taking account of the following: (a) Party A’s evidence Nos. 1 and 2; (b) Party B’s evidence Nos. 1; and (c) the result of the first instance court’s order to submit financial transaction information to Hyundai Capital Co., Ltd.; and (d) the entire purport of the pleadings: (a) Party C leased the lease deposit of KRW 80,00,000 from the Defendant on February 4, 2013; and (b) from February 18, 2013 to February 18, 2015; (c) Party C paid the lease deposit to the Defendant around that time; and (d) Party A received a collection order of KRW 92,535,950 as the principal and interest bonds based on the authentic copy of the authentic deed No. 39, 2014, based on which the Plaintiff was a notary public, and received a delivery order of KRW 15,750, Jun. 12, 2015 as the preserved bond.
The plaintiff asserts that the lease deposit exceeds the above 80 million won, but there is no evidence to acknowledge it.
Thus, barring special circumstances, the defendant is obligated to pay the plaintiff KRW 80 million.
2. Judgment on the defendant's defense
A. The summary of the defense 1) C is about the claim to return the lease deposit of this case by Hyundai Capital Co., Ltd. (hereinafter “Modle Capital”).
2) The obligation to return the lease deposit was not yet due, since the right of pledge was established against Hyundai Capital and the right of pledge against Hyundai Capital takes precedence over the Plaintiff’s seizure and collection order, and thus, the lease deposit cannot be refunded to the Plaintiff. 2) Since C extended the term of lease upon entering into a pledge contract as above, as such, the obligation to return
3. The deposit may not be refunded before the Defendant received the instant real estate from C.
B. In full view of the written evidence No. 3 and the result of the order issued by the first instance court to submit financial transaction information to the Hyundai Capital Co., Ltd., the entire purport of the pleadings, C is as follows: (a) the Defendant and the leased object on February 11, 2015.