1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 20, 2006, the Defendants entered into a sales agency contract with the LAWD Co., Ltd. (hereinafter “SAB”) to sell the instant commercial building by proxy, but the Defendants shall pay 8% of the real value of the commercial building, excluding the value-added tax, to the non-party company as sales commission.

B. On the other hand, on December 27, 2006, the Plaintiff entered into an agreement with the non-party company and the non-party company to pay 50% of the remainder, excluding the commission to be paid to the employees of the sales team.

C. However, the non-party company paid only KRW 48,523,693, out of the sales agency fees to be paid to the plaintiff, and the plaintiff filed a lawsuit against the non-party company with Sungwon District Court Sung-nam Branch 2012Gahap201263, May 29, 2013, which sentenced the judgment that "the non-party company shall pay to the plaintiff 347,242,332 won, and 5% per annum from December 22, 2007 to August 13, 2012, and 20% per annum from the next day to the date of full payment." The above judgment was finalized on May 29, 2013.

On the other hand, on December 21, 2007, the defendant deposited KRW 102,950,930 as the depositee of the non-party company by the Suwon District Court No. 12575 in 2007.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, purport of whole pleadings

2. Determination

A. The gist of the parties' assertion argues that the plaintiff is the creditor of the non-party company, and the non-party company is insolvent, so the plaintiff asserts that in order to preserve the above claim against the non-party company, 50 million won out of the debt 471,650,300 won which the defendants paid to the non-party company, and damages for delay thereof, the non-party company creditor.

The defendants pay the sales agency fee to the non-party company on December 21, 2007.