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. Basic facts

A. On April 24, 2012, the Defendant leased the lease deposit amount of KRW 180,000,000,000 to Sung-nam-si D Underground Floor (hereinafter “instant store”) to C, and around that time, C paid KRW 180,000,000 to the Defendant.

(hereinafter “instant lease agreement”). B.

On December 27, 2012, the Plaintiff: (a) obtained a decision of provisional seizure of claims by the Incheon District Court 2012Kadan18480 regarding KRW 30 million, out of the lease deposit repayment claims against C (hereinafter “the collection claims of this case”) against the Defendant as the preserved right; and (b) the said decision was served on the Defendant on January 3, 2013.

C. On March 27, 2013, the Plaintiff filed an application with the Incheon District Court for a payment order against C to request a loan as the Incheon District Court 2012 tea15923, and received a decision of the Incheon District Court 2013TT7 as to KRW 31,397,260 among the instant collection claims (hereinafter “instant collection order”), and the said decision was served on the Defendant on April 3, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 8, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay the collection amount and the delay damages to the plaintiff according to the above collection order, unless there are special circumstances.

3. The defendant's defense and the plaintiff's defense

A. On July 18, 2012, the summary of the Defendant’s defense, etc., issued a receipt to the effect that the Defendant terminated the instant lease agreement with C on July 18, 2012 and received the refund of the deposit from C on the same day, and thus, the instant collection claim was extinguished. 2) The summary of the Plaintiff’s defense, etc., as to the termination of the instant lease agreement was concluded under the exchange agreement between C and F.