1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. B filed a lawsuit against the Plaintiff on September 6, 2005 (hereinafter “instant judgment”) against the judgment that “The Plaintiff shall pay B 85,000,000 won and 20% interest per annum from August 18, 2005 to the date of full payment” (hereinafter “instant judgment”).

B. On December 6, 2005, the Plaintiff filed a subsequent appeal against the instant judgment. On June 7, 2006, the Plaintiff filed an application for the suspension of compulsory execution with Seoul High Court Decision 2006Ka679 on June 7, 2006, and on June 13, 2006, deposited KRW 85,000,000 with the Seoul Central District Court Decision 2006Da819 on June 14, 2006 (hereinafter “instant deposit”).

C. After that, the above appellate court (Seoul High Court 2005Na112989) rendered a judgment dismissing an appeal on October 11, 2006 on the ground that the Plaintiff’s subsequent appeal is unlawful, and the judgment of this case became final and conclusive around that time as the Plaintiff did not appeal.

B, based on the judgment of this case, was issued a seizure and collection order as to the Plaintiff’s claim to recover the deposit of this case as the Goyang-gu District Court 2006TT 4393 on December 1, 2006, and later, as the collection creditor, filed an application for the cancellation of the security as to the deposit of this case by subrogation of the Plaintiff, and received a decision to revoke the security on December 21, 2006.

Since then, the written decision to revoke the above security was submitted on January 12, 2007 to the deposit case of this case.

E. Meanwhile, on November 15, 2006, C, the creditor of B, received a provisional seizure order against B as to the claim for the payment of the deposit of this case as Seoul Central District Court 2006Kadan7258, and the above decision reached the third debtor's Republic of Korea on November 20, 2006 (the deposit officer of Seoul Central District Court).

As a result, B did not pay the deposit money of this case.

F. On April 2015, the defendant, who has claims against B pursuant to the final judgment of the Seoul Southern District Court 2007Gahap2283, has claims against B.