1. The plaintiff's claim is dismissed.

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

Basic Facts

On July 2, 2015, the Plaintiff was issued and delivered by C (hereinafter referred to as “C”) a notarial deed of a monetary loan agreement with a loan of KRW 45 million, interest rate of KRW 25% per annum, and due date of payment on December 31, 2015 (Seoul General Law Firm No. 1108, 2015).

On June 8, 2015, the Defendant entered into a lease agreement with D with respect to the lease deposit of KRW 100,000,000 per month (in the case of the two-year vehicle, KRW 3 million per month, and KRW 3.5 million per month for the three-year vehicle), between January 30, 2015 and February 28, 2018 (hereinafter “instant lease agreement”).

On January 6, 2016, the Plaintiff is above A.

Based on the notarial deed stated in paragraph (1), as the Daejeon District Court 2016TTT65, the debtor C was issued a collection order for the seizure and collection of KRW 50,625,00 among the lease deposit of this case held by the debtor against the defendant against the defendant of the garnishee (hereinafter "the seizure and collection order of this case").

[Ground of recognition] without dispute, Gap evidence 1, Eul evidence 1, plaintiff 1's assertion of the whole purport of pleading, plaintiff's assertion of the whole purport of pleading, and plaintiff's assertion of the lease contract of this case is C, and the plaintiff's claim for return of lease deposit against the defendant also has C.

Therefore, the defendant is obliged to pay KRW 50,625,00 and delay damages to the plaintiff who received a collection order against the above lease deposit repayment claim.

Judgment

Comprehensively taking account of the overall purport of the arguments in evidence Nos. 2 through 6 (including partial heading numbers), it can be recognized that D is an employee of C, in a criminal case where the Plaintiff filed a fraudulent complaint against the representative director F of C, and that F used the funds received in the name of C from investors as the cost of acquiring the leased object of this case and stated to the effect that it actually operates, and in light of this, the substance of the instant lease agreement.