1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant has a claim for KRW 100 million based on the payment order in the Cheongju District Court Decision 2014Da74, Cheongju District Court Decision 2010 million and its delay damages against B Co., Ltd. (hereinafter “Nonindicted Company”).

B. The Plaintiff filed an application for the seizure and collection order of the claim against the Defendant of the non-party company as to the claim for the amount of KRW 50 million with the Chungcheong District Court Decision 2014TTT3239, Cheongju District Court.

On November 7, 2014, the above court accepted the above application and issued a seizure and collection order, and the above order was served on November 11, 2014 to the defendant.

C. The Plaintiff filed a request for the seizure and collection order regarding the claim against the Defendant of the non-party company as the Cheongju District Court Branch 2015TTT504 of the remainder of the claim based on the above payment order, as the amount claimed.

On February 23, 2015, the above court accepted the above application and issued a seizure and collection order, and the above order was served to the defendant around that time.

[Ground of recognition] Unsatisfy, Gap evidence 1, 3, and 10

2. On the issue of the Plaintiff’s claim for collection, the Defendant asserts that the claim for the payment of goods against the Defendant of the non-party company was set off against the Defendant’s claim for the return of deposit.

3. In full view of the following facts acknowledged by Gap's evidence Nos. 5, 7, Eul evidence Nos. 1 through 10 (including above numbers), and Eul's testimony, prior to issuance of a seizure and collection order, the defendant held against the non-party company a claim for a security deposit for goods transaction of KRW 250 million with respect to the non-party company. The above security deposit claim against the non-party company was set off against the amount equal to that of KRW 124,645,600 with respect to the non-party company's goods payment claim, which is set off against the non-party company's defendant.

(1) D (the present representative director of the Defendant) is the “E”, which is a closed bank collection company.