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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 18, 2011, in Seoul High Court case 2011Na42753 (the husband of the Defendant), and in case of service costs (Counterclaim) between the Plaintiff and C (the husband of the Defendant), conciliation was concluded that “C shall pay to the Plaintiff KRW 60 million jointly and severally with D, E, F, and G until February 28, 2012, and if the said money is not paid by the payment date, it shall pay to the Plaintiff the amount unpaid plus damages for delay calculated at the rate of 15% per annum from March 1, 2012 to the date of full payment.”
(hereinafter “instant conciliation”). (b)
C on October 17, 2014, the Bupyeong-gu Incheon Metropolitan Government H apartment 608 Dong 904 (hereinafter “instant apartment”) was leased to I by setting the lease deposit of KRW 280 million and the lease term from December 10, 2014 to December 9, 2016.
(hereinafter “instant lease agreement”). C.
I remitted the lease deposit amount of KRW 5 million on October 17, 2014, KRW 23 million on October 17, 2014, KRW 170 million on October 17, 2014, KRW 170 million on December 10, 2014, KRW 70 million on December 10, 2014, KRW 70 million on December 10, 2014, KRW 280 million on December 10, 2014, and KRW 12 million on December 10, 2014.
On November 13, 2015, the Plaintiff: (a) issued a seizure and collection order (hereinafter “instant collection order”) with the loan KRW 93,263,014 out of the loan KRW 28,000,000 lent by C to the Defendant by having I pay the lease deposit to the Defendant under the instant lease agreement with the Incheon District Court 2015TT 2015TT 505016; and (b) the Defendant as the third obligor; and (c) issued a seizure and collection order with the loan KRW 93,263,014 out of the loan KRW 28,00,000,000, as the seized claim. The instant collection order was served on the Defendant on December 20, 2015.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 4 and 7, the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion C requires I to pay KRW 280 million to the Defendant the lease deposit to be paid by I under the instant lease agreement.