1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) filed a lawsuit against E (hereinafter “E”) claiming restitution of unjust enrichment, etc. (hereinafter “instant claim for restitution of unjust enrichment, etc.”) with Seoul Southern District Court Decision 2012Gahap23734 (hereinafter “E”).

B. On September 5, 2014, Seoul Southern District Court sentenced D to the judgment that “E shall pay D 29,391,500 won with 6% per annum from September 2, 2010 to September 5, 2014, and 20% per annum from the next day to the day of full payment,” and that “E shall pay D and E’s appeal (Seoul High Court 2015Na10150) and appeal (Supreme Court 2016Da158777) are all dismissed, and the above judgment became final and conclusive.

(hereinafter “final judgment of this case”). C.

D On December 30, 2012, on the part of the Plaintiff, “D” transferred “90,334,770 won out of claims against D’s unlawful gains, damages, amount claimed for penalty, and amount claimed for the determination of litigation costs” to the Plaintiff, and notified E of the fact of assignment of claims on the 31st of the same month.

On June 1, 2016, the Defendant received a seizure and collection order as to the claims based on the final judgment of this case, which D had against D as Seoul Southern District Court 2016TTTT7576, with the obligor D and the third obligor D as the obligor E, and the original copy was served on E as the third obligor on June 7, 2016.

E. Upon the first instance judgment on the instant lawsuit for the return of unjust enrichment, etc., E filed an appeal and filed an application for the suspension of compulsory execution against D based on the said judgment (Seoul Southern District Court 2014Kagro242), and deposited KRW 20,000,000 as deposit money to suspend compulsory execution on September 29, 2014 (hereinafter “instant deposit”).

(Seoul Southern District Court No. 5041. (f) D has a right to recover the instant deposit against the Republic of Korea on May 7, 2015 (a public official in charge of deposit in Seoul Southern District Court).