1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On February 21, 2013, the Plaintiff filed a lawsuit against the Defendant, the actual representative of D’s “D” with the Suwon District Court Decision 2012Ga38597, and was sentenced by the said court to the effect that “the Defendant shall pay to the Plaintiff the amount calculated by the rate of KRW 14,00,000 and the interest rate of KRW 30% per annum from May 31, 2010 to the date of full payment,” and the said judgment became final and conclusive on March 13, 2013.

B. Likewise, as the Plaintiff, E filed a lawsuit against the Defendant on the claim of wage, etc. with the Suwon District Court Decision 2012Ga28086, Aug. 11, 2012, “the Defendant shall pay E the amount of KRW 48,000,000 to September 31, 2012. If the Defendant fails to pay the said amount by the payment date, the Defendant shall pay the unpaid amount plus damages for delay at a rate of 20% per annum from the day following the payment date to the day of full payment.”

C. Since then, in subrogation of the defendant, Eul filed a lawsuit claiming the assignment of claims against Osan City by Suwon District Court 2013Na4344 regarding the business compensation that C, the representative of D, in the name of "D", had been sentenced on January 30, 2015 to the defendant, "C shall transfer the above business compensation claims against Osan City to the defendant, and shall notify it at Osan." On February 24, 2015, the above judgment became final and conclusive.

On October 15, 2015, Osan City made a mixed deposit of KRW 534,300,000 from the Suwon District Court No. 9582, the depositee C or the defendant on October 15, 2015, on the grounds that the seizure, etc. against C and the defendant is concurrent.

(hereinafter “Deposit of this case”). [Grounds for recognition] The entry of Gap’s evidence Nos. 1 through 3 and the purport of the whole pleadings

2. The plaintiff's assertion is that the defendant is the actual representative of "D" and is the representative of "D" and the business compensation.