1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 28, 2015, the Defendant leased to D the building of 6th underground floor E-2nd floor (hereinafter “instant building”) of the Seocho-gu Busan Metropolitan City E-si, Busan Metropolitan City (hereinafter “instant building”) as the lease deposit amount of KRW 300 million, monthly rent of KRW 253 million (including value-added tax), and the lease term of February 12, 2016 through 36 months.

(hereinafter “instant lease agreement”). B.

On April 1, 2016, the Plaintiff provisionally attached the claim amounting to KRW 300 million against D as the claim amount (the provisional seizure of this Court 2016Kadan487). On September 7, 2017, the Plaintiff received a seizure and collection order of the claim transfer of the provisional seizure to the original seizure (hereinafter “instant collection order”) based on the original copy of the payment order for the claim for the construction price of this Court No. 2016Da1824, Sept. 7, 2017 (hereinafter “instant collection order”), and the said order was served on the Defendant, the garnishee, as the debtor, on September 11, 2017.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff asserts that according to the collection order of this case, the defendant is liable to pay the plaintiff 99,000,000 won as part of the collection amount and damages for delay.

In this regard, the defendant asserts that the lease deposit does not exist because the lease deposit is extinguished if the lease deposit is deducted from the lease deposit return claim of KRW 300 million against the defendant.

B. In determining the lease of real estate, the deposit received in the lease of real estate guarantees all the lessee’s obligations arising out of the lease, such as the lease obligation, the obligation to compensate for damages arising from the loss, damage, etc. of the object, and the amount equivalent to the secured obligation is naturally deducted from the deposit without any separate declaration of intention, except in exceptional circumstances where the object is returned after the termination of the lease relationship. Therefore, there was an attachment and collection order regarding the lease claim under

even if applicable.