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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff asserted that the plaintiff filed a lawsuit seeking payment of 11,127,390 won wage and retirement allowance claim against the defendant Loman Comprehensive Construction Co., Ltd. (hereinafter "roman Comprehensive Construction") and won the judgment (final decision) with the Seoul Western District Court 2008Gabu15017, but did not receive reimbursement for the total amount of interest in the above claim 9,679,510 won.
Around January 1, 2014, Defendant Log Construction leased real estate listed in the separate sheet from Defendant Green Name Co., Ltd. (hereinafter referred to as “green Name”) by setting the lease deposit term of KRW 20,000,000, monthly rent of KRW 1,560,000 by December 31, 2014.
On January 8, 2015, the Plaintiff received a claim amounting to KRW 9,679,510, and issued a collection order as to KRW 9,070,380 from among the garnishee's name of Defendant Green Sea and the claim return of the above lease deposit against the Republic of Korea, which became final and conclusive around that time by receiving the Seoul Western District Court's 2014TTTT 1685 claim seizure and collection order.
The lease contract for Defendant Log Construction was terminated on December 31, 2014 after the expiration of the period, and the overdue rent was totaling KRW 21,706,200.
On the basis of the above seizure and collection order, the Plaintiff filed a lawsuit claiming the payment of the lease deposit against Defendant Green Name, Daejeon District Court Branch of Daejeon District Court 2015 Ghana5620, which requested the payment of the lease deposit, and the Plaintiff is obligated to deliver real estate recorded in the attached list to Defendant Green Name, which is the lessee of the simultaneous performance relationship under the lease agreement, for the repayment of the collection deposit. Thus, the Plaintiff seeks the delivery of real estate recorded in the attached list against Defendant Green Name by subrogation of Defendant Green Name.
2. According to each of the records in evidence Nos. 2, 3, 4, and 5 ex officio determination, the defendant of the defendant Log comprehensive construction, which constitutes the preservation claim of the creditor subrogation lawsuit of this case.