1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 11, 2010, the Plaintiff filed a lawsuit against C seeking the payment of damages and filed a lawsuit against C, with the purport that “C shall pay to the Plaintiff KRW 100,000,000 and the amount at the rate of 20% per annum from July 31, 2009 to the date of full payment.” The Plaintiff winning the lawsuit that “C shall pay to the Plaintiff 1,00,000,000,000,000 per annum from July 31, 2009 to the date of full payment.”

The judgment of this case became final and conclusive on July 27, 2010.

B. After that, on June 22, 2015, the Plaintiff received the claim for return of KRW 25,000,000 from the Defendant in accordance with the instant judgment, and issued a seizure and collection order against the claim for return of KRW 25,00,00,00, from the Defendant in Suwon District Court, and “the instant claim seizure and collection order” is deemed as “the instant claim seizure and collection order”.

(2) On July 28, 2015, the order of seizure and collection of the instant claim was served on the Defendant, who is the garnishee on July 28, 2015. [Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 7 (if any, the number is included in each number, and the purport of the whole pleadings.

2. The assertion and judgment

A. On May 28, 2005, the Plaintiff’s assertion C leased 25,000,000 won from the Defendant on May 28, 2005, the second floor E-ground buildings in Sungnam-si, Sungnam-si. The substantial party to the above lease agreement is not D.

Therefore, since the defendant is deemed to bear the obligation to return the above lease deposit, the defendant is obligated to pay 25,000,000 won to the plaintiff according to the seizure and collection order of this case and the delay damages.

B. According to the overall purport of each of the statements and arguments in Gap evidence No. 4, Gap evidence No. 5, Eul evidence No. 8, and Eul evidence No. 1 (including each of the numbers), it is recognized that Eul set the second floor of the building E on May 28, 2005 from the defendant on May 28, 2005 as lease deposit amount of KRW 25,000,000. However, the above facts of recognition and the evidence submitted by the plaintiff are alone stated as Eul.