1. The plaintiff's claim is dismissed.

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

Basic Facts

In Suwon District Court Decision 2013Da25475 rendered against C, the Plaintiff was sentenced to the judgment that “C shall pay to the Plaintiff KRW 60,000,000 and delay damages therefor,” and the above judgment was finalized on April 30, 2014.

On December 23, 2013, in order to preserve the above claim against C, the Plaintiff received a decision of provisional seizure of claim against C in relation to KRW 60,000,00 among the lease deposit claims against C (hereinafter “instant real estate”) in Gyeyang-gu, Ansan-si (hereinafter “instant real estate”) for the Defendant at Ansan-si (hereinafter “instant real estate”), and the said decision of provisional seizure was served on the Defendant on January 7, 2014.

After the judgment above, the plaintiff transferred the above provisional seizure to the provisional seizure and received the decision that the plaintiff can collect it. The above decision reached the defendant on May 9, 2014.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, the plaintiff's assertion of the parties to the purport of the whole pleadings, C paid KRW 300 million to the defendant as a lease deposit for the real estate of this case, and did not receive any refund of the above money.

Therefore, according to the above collection order, the defendant is obligated to pay to the plaintiff 60 million won out of the above lease deposit as the collection deposit.

The Defendant’s assertion C paid KRW 100 million to the Defendant as the lease deposit for the instant real estate.

However, C transferred KRW 100 million to E prior to the provisional attachment of the Plaintiff.

In addition, C borrowed KRW 80 million from the defendant, which offsets the claim for the return of the lease deposit with the above loan bond, and deducts the remaining lease deposit amount of KRW 20 million with the unpaid rent.

Therefore, the defendant is not obligated to refund the lease deposit to the plaintiff.

If the amount of the lease deposit paid by the board C plus the purport of the whole pleading in each statement in Gap evidence 2, Eul evidence 2, witness F, and G's testimony, C will be the defendant on February 17, 2012.