추심금 등
1. Defendant C shall pay 34,750,000 won to the Plaintiff and 20% per annum from May 28, 2015 to the date of full payment.
1. Determination as to the claim against the defendant B
A. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and 2 as to claims for collection, the plaintiff received a favorable judgment on February 5, 2014 from Gwangju District Court Decision 2013Da519052 (hereinafter referred to as "non-party company") and confirmed the above judgment. The plaintiff, based on the original copy of the above judgment with executory power, is liable to pay the lease deposit to the non-party company E and buildings (hereinafter referred to as "real estate in this case") under the lease agreement on the land and buildings in the Yyangyang-gun-gun-gun (hereinafter referred to as "the above real estate") which the non-party company had against the above defendant, as the Gwangju District Court Decision 2014Da22842 on December 23, 2014, and the collection and collection order (the amount until the claim amount is claimed out of the above lease deposit). According to the above collection and collection order as well as the above facts that the defendant is liable to pay the above lease deposit to the defendant.
B. The above defendant's defense is first asserted that the non-party company's claim for the return of the lease deposit and the claim for the return of unjust enrichment under the above lease agreement, which was held by the non-party company, is offset against the rent claim and the claim for return of unjust enrichment. Thus, the non-party company, around May 2012, leased the real estate of this case from the above defendant by setting the lease deposit amount of KRW 6,000,000, monthly rent of KRW 500,000, and the lease term of this case from May 1, 2012 to April 30, 2013 (hereinafter "the lease contract of this case"). The non-party company delayed the lease by six months as of April 2013; the non-party company and the above defendant paid the non-party company delayed and agreed to renew the lease agreement by paying it to the non-party company as of April 4, 2013. However, the non-party company agreed to renew the lease agreement by 10/10th of the above month.