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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 2015, the Plaintiff filed a lawsuit against C Co., Ltd. (hereinafter “C”) seeking the return of the lease deposit (Seoul Eastern District Court 2015 tea6980), and the said court ordered the payment of the principal amount of KRW 34,00,000, interest of KRW 34,073,972, interest of KRW 42,60, total expenses of KRW 37,116,572, and the said order became final and conclusive around that time.
B. On or around September 10, 2015, the Plaintiff received a collection order (Seoul Eastern District Court 2015TTTT 12690; hereinafter “instant collection order”), and the claim amounting to KRW 37,116,572 following the above payment order, and the debtor C, the garnishee, and the third debtor, filed a lawsuit against the defendant against the defendant, the claim amounting to the rent claim by January 31, 2014 (Seoul Eastern District Court 2014TT 101253; hereinafter “instant rent claim”). The instant collection order was served on the defendant around September 14, 2015.
C. On January 14, 2016, with respect to the instant claim for rent claim filed by C against the Defendant, the said court sentenced C to the payment of the amount of KRW 1,284,890,284 and the amount of KRW 1,122,00,000 as to the said KRW 1,282,00 from March 8, 2014 to January 14, 2016 and the amount of KRW 15% per annum from the next day to the date of full payment.
The defendant appealed against the above judgment (Seoul High Court 2016Na2010122), and on April 28, 2017, the appellate court confirmed that the creditors of C were not qualified to sue for the total amount of KRW 1,345,337,354, and on the remainder of the claims except for the seized part, the appellate court decided to recommend reconciliation that C pay damages for delay of KRW 214,804,594 and KRW 136,292,740, and the above decision was finalized on May 16, 2017.
E. In the above decision of recommending reconciliation, the attachment part that confirmed that C was not a party to the dispute includes the instant rent claim.
[Ground for recognition] A.