1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 10, 2009, upon a judgment with executory power over C, the Plaintiff received a claim attachment and assignment order (U.S. District Court 2009TTB2297) against C in relation to “The lease deposit return claim that C shall receive from the Defendant at the time of termination of the lease contract term expiration, termination, etc. according to the lease agreement concluded with respect to the first floor of Gyeonggi-si D Housing at Suwon-si.” The above assignment order reaches the Defendant on February 12, 2009.

B. C resided in the building owned by the Defendant from August 31, 2006, and left the building around May 6, 2012.

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

2. The assertion and judgment

A. The Plaintiff’s assertion C and the Defendant entered into a lease agreement on the first floor of the Gyeonggi-gu D Housing in Suwon-si, Gyeonggiwon-si, and the lease deposit was KRW 40,000,00. Since the Plaintiff received the attachment and assignment order on the claim to return the lease deposit, the Defendant is obligated to pay the Plaintiff the full amount of KRW 39,164,383 and damages for delay.

B. In the lawsuit claiming the full amount of the claim, the existence of the full amount of the claim is the requisite fact and the burden of proof is the creditor asserting it.

(see, e.g., Supreme Court Decision 2013Da40476, Jun. 11, 2015). The fact that C resided in the building owned by the Defendant from August 31, 2006 to May 6, 2012 is as seen earlier, but it is insufficient to recognize that a lease contract was concluded between the Defendant and C solely based on such fact, and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.