The defendant shall pay to the plaintiff KRW 198,866,150.

The plaintiff's remaining claims are dismissed.

The costs of lawsuit are assessed against the defendant.

Basic Facts

On April 18, 2012, the Plaintiff leased KRW 150,000,00 to Nonparty B. On October 25, 2011, the Plaintiff completed the registration of chonsegwon (right to lease on a deposit basis) (right to lease on a deposit basis), which was completed on October 25, 201 by the Seoul Central District Court’s registry office (right to lease on a deposit basis) and completed registration under Article 46198 of the receipt on October 25, 2011, from October 25, 201 to October 25, 2013; hereinafter “the instant right to lease on a deposit basis”). The Plaintiff completed the registration of the establishment of chonsegwon (right to lease on a deposit basis) (right to lease on a deposit basis) around the Seoul Central District Court’s registry office (right to claim KRW 195,000,000, B000, the debtor, the mortgagee, the Plaintiff, and the Plaintiff (hereinafter “instant right to lease on a deposit basis”).

B due to the Plaintiff’s failure to repay the above debt to the Plaintiff, the Plaintiff applied for voluntary auction of the instant chonsegwon to the Seoul Central District Court C, but the decision of permission for sale was revoked upon the expiration of the period of chonsegwon. Accordingly, the Plaintiff applied for the seizure and collection order of the claim based on subrogation and received a decision on January 23, 2014 that “the Plaintiff may collect the claim against B against B based on the instant collateral security” (hereinafter “the instant collection order”), and the said decision was served on the Defendant on February 27, 2014.

[Ground of recognition] The defendant, the third obligor, according to the collection order of this case, bears the obligation to directly repay the collection obligation to the plaintiff, the collection obligee, according to the judgment as to the plaintiff's claim for judgment as to the plaintiff's claim for evidence Nos. 1 and 2. The defendant has the obligation to pay to the plaintiff the amount of KRW 198,866,150.

The plaintiff asserts that he has the obligation to pay damages for delay for the above KRW 198,866,150 to the defendant. However, if the right of lease on a deposit basis is extinguished, the obligation to return the deposit to the settlor of chonsegwon and to transfer the object of the right of lease on a deposit basis and to register cancellation of the registration