1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 21, 2011, the Plaintiff filed a lawsuit against C with the Seoul Central District Court 2010Kadan494827, and was sentenced by the above Seoul Central District Court to the effect that “C shall pay to the Plaintiff 5,861,958 won and 53,937,41 won among them, 19% per annum from November 28, 2009 to March 24, 201, and 20% per annum from the next day to the date of full payment.”

The above judgment was finalized on May 18, 2011.

B. On April 5, 2018, the Plaintiff filed an application for the seizure and collection order on the ground that the debtor C, the third debtor, the amount claimed, the “145,14,383 won,” and the bonds to be seized as “the lease deposit return claim under the lease agreement concluded between the debtor and the third debtor regarding the building No. 1 E-Housing F in Gyeonggi-gun,” and filed an application with the above court for the seizure and collection order on April 5, 2018.”

(1) The collection order of this case was delivered to the Defendant on May 14, 2018. The grounds for recognition are as follows: (a) evidence Nos. 1 through 3 (the number of pages is included) and the purport of the entire pleadings.

2. The assertion and judgment

A. The plaintiff asserts that the defendant is obligated to pay KRW 100 million to C the lease deposit based on the lease agreement with C, and that the plaintiff acquired the right to collect the claim against the defendant under the collection order of this case, the defendant is obligated to pay KRW 100 million to the plaintiff and the damages for delay.

On the other hand, the defendant asserts that it is not possible to respond to the plaintiff's claim because he did not actually conclude a lease contract with C, but did not receive KRW 100 million from C.

B. According to the evidence Nos. 5 and 6, “C” between the Defendant and C.