1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. On January 5, 2015, the Defendant leased to B the entire five floors (hereinafter “instant building”) among the buildings located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul (hereinafter “instant building”) by setting the lease deposit of KRW 20 million, the monthly rent of KRW 500,000 (the last day of each month), and the term of lease from February 5, 2015 to February 4, 2017, and was paid KRW 20 million from B (hereinafter “the instant deposit”).

B. On October 19, 2015, the Plaintiff filed an application with a notary public for a seizure and collection order as to KRW 5 million out of the instant deposit under the Suwon District Court 2015TTT103166 with the obligor B and the Defendant as the garnishee on the basis of the No. 1248 of the Promissory Notes No. 1248, 2015 No. 1248, the Plaintiff issued a seizure and collection order.

(hereinafter referred to as “instant seizure and collection order”). [Grounds for recognition] / [In the absence of dispute, Gap evidence Nos. 1 and 2, Eul evidence No. 1, and the purport of the whole pleadings in this court.

2. The assertion and judgment

A. According to the above facts, the Plaintiff received a seizure and collection order regarding five million won among the instant deposit, and barring any special circumstance, the Defendant, the third obligor, is obligated to pay five million won out of the instant deposit to the Plaintiff, the collection obligee, and delay damages.

B. As to this, the defendant defense that the obligation of the security deposit of this case was extinguished by the repayment before the delivery of the seizure and collection order of this case.

Comprehensively taking account of the overall purport of the arguments in Eul evidence Nos. 2, 4, and 5, Eul prepared a receipt of October 19, 2015 that he/she received KRW 20 million to the defendant, and Eul discontinued business around October 2015 while running PC business in the building of this case, and paid the electricity fee up to October 21, 2015. The seizure and collection order of this case returned to the defendant on October 22, 2015, and around October 30, 2015.