1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

1. Facts of recognition;

A. A. On November 22, 2010, C entered into a contract with the Defendant to be supplied with friendly services (hereinafter “instant contract”) and paid to the Defendant totaling KRW 230 million as the deposit amount of the instant contract from November 29, 2010 to December 10, 2010.

B. The Defendant terminated the instant contract on the ground that C delayed the release from the Defendant, etc., and concluded a supply contract with E under the name of G as of January 25, 201, which had been operating H, and supplied the volume to E thereafter.

C. On February 17, 2011, the Plaintiff: (a) obtained a provisional attachment order regarding KRW 90 million (hereinafter “instant provisional attachment order”); and (b) on February 21, 201, the said provisional attachment order was served on the Defendant on February 21, 201, with the deposit claim and claim for damages against C and D (hereinafter “C, etc”); and (c) as to the refund claim for deposit (hereinafter “instant claim”); and (d) the said provisional attachment order was served on the Defendant on February 21, 201.

The Plaintiff filed a lawsuit against C, etc. on the merits, and the conciliation was concluded that C, from the appellate court of the said lawsuit (Seoul District Court 2012Na1403), would pay 60 million won to the Plaintiff by October 31, 2012.

E. C did not perform the obligation to pay money under the above protocol, and the Plaintiff received a seizure and collection order to transfer the above provisional seizure to the provisional seizure, and the above order was served on the Defendant on December 31, 2012, with the title of execution of the above protocol (i.e., KRW 61,380,821 among the instant claims (i.e., the amount of delay calculated at the rate of 20% per annum from November 1, 2012 to December 10, 2012).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, Eul evidence 1, 2, Eul evidence 6-3, Eul evidence 10, 15, 17, 23, and 33, witness E of the court of first instance, witness of the court of first instance, witness of the court of first instance, witness of the court of first instance, and the purport of whole pleadings

2. The assertion and judgment

A. The above facts of recognition are examined.