1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, 2/3 shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

1. Facts of recognition;

A. On December 14, 2016, C entered into a lease agreement with the Defendant, setting the lease term as between KRW 50 million (hereinafter “the instant lease deposit”) and the lease term from December 30, 2016 to December 30, 2018, with respect to the biochemicals located in Empt (hereinafter “the instant Em”) operated by the Defendant at Sin interest.

B. At the time of the conclusion of the above lease agreement, the Plaintiff paid the instant lease deposit to the Defendant, and started the business upon delivery of the said Biocop.

The business was operated in a way that C sells the instant marina to the buyers visiting the instant marina, and then returned the remainder after deducting the fee from the Defendant’s first payment. The settlement of the price for each share was made.

C. On March 23, 2018, the Plaintiff filed an application with the Seoul Central District Court for a payment order for the payment of the price of goods equivalent to KRW 39,341,400, the Seoul Central District Court (Seoul Central District Court). On April 3, 2018, the Plaintiff received an order for payment ordering the payment of the said money and the damages for delay, and the said payment order became final and conclusive around that time.

On July 2018, the Plaintiff filed an application for a seizure and collection order with the amount of KRW 39,767,60,60 (principal principal of KRW 39,341,400 and interest KRW 426,200) based on the above payment order as the court 2018, based on the above payment order: C; C as the obligor; the Defendant as the third obligor; and the collection claim of KRW 25 million out of the refund claim of the lease deposit of this case; and ② the seizure and collection order with the amount of KRW 14,767,60,00, which the Defendant shall pay to C.

On July 12, 2018, the above court issued a seizure and collection order (hereinafter “instant seizure and collection order”) with the same content as the above application. The above seizure and collection order was served on the Defendant on September 4, 2018.

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

2. Determination

A. Whether the claim for return of KRW 25 million exists among the lease deposit of this case.