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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 September 22, 1997, the Plaintiff respectively lent C KRW 20,00,000 and KRW 10,000,000 around November 11, 1997, and was not repaid. The Plaintiff filed a lawsuit against C on the claim for loans under the Jeonju District Court 2002Ga36183, and the above court decided to recommend the settlement that “C shall pay to the Plaintiff 30,000,000 won and 20,000,000 won among them from September 22, 1997, with the interest of KRW 10,000,000,000 calculated annually from November 11, 1997 to the date of full payment, and the above decision to recommend settlement became final and conclusive on February 9, 203.
B. On July 14, 2008, the Plaintiff filed an application for the attachment and assignment order of the above claim with the former Jeju District Court 2008TTT 3776 on July 14, 2008, for the obligor C and the third obligor as the Defendant, and the amount of the claim is KRW 30,000,000, which is part of the principal amount and damages for delayed payment, KRW 112,992,196, and C filed an application for the attachment and assignment order of the claim against the leased claim to be paid by the Defendant. On July 15, 2008, C received the attachment and assignment order of the above claim from the above court (hereinafter “instant assignment order”) and was served on July 23, 2008, and became final and conclusive on July 31, 2008.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, 10 evidence, Gap evidence 12-3, Eul evidence 6, the purport of the whole pleadings
2. The parties' assertion
A. On February 26, 2007, the Plaintiff: (a) leased the building listed in the separate sheet from the Defendant on February 26, 2007 (hereinafter “the instant building”); (b) owned the right to return the lease deposit to the Defendant; and (c) received the entire claim; and (d) the said lease contract was terminated on March 19, 2009 and delivered to the Defendant on April 6, 2009; and (b) accordingly, the Defendant is obligated to return the said lease deposit to the Plaintiff.
B. As to this, the Defendant: (1) The Plaintiff’s claim against C, which is the right to preserve the assignment order of this case, was made by the Plaintiff and C.