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(영문) 의정부지방법원고양지원 2016.05.13 2015가단37101

추심금

Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On January 20, 2014, Nonparty B entered into a lease agreement with the 300 million won of rental deposit, monthly rent of KRW 22,00,000 (Additional tax separately) on the following grounds: (a) Nonparty B paid only KRW 150,00,000; and (b) agreed to pay rent from August 20, 2014.

B. After February 4, 2015, B transferred the right of the above-mentioned friendship to D, and the Defendant concluded a new lease agreement with D on the above real estate.

C. Meanwhile, under the Defendant’s entrustment, the dialogue Co., Ltd. in charge of the management services of the instant building filed a lawsuit against B on the ground that B did not pay the management expenses of KRW 33,657,857 from May 2014 to January 2015, which was due to the unpaid payment of the management expenses of KRW 33,657,857, and that the said management expenses were to be paid. The said court rendered a judgment citing the above claim for the management expenses of the dialogue Co., Ltd. on December 16, 2015.

On October 29, 2014, the Plaintiff received a claim attachment and collection order as to KRW 39,457,534, out of the claim for the refund of deposit against the Defendant under Section B, by means of 2014TT 14248, and the Defendant received the above order on October 31, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence No. 1 to 7, the purport of the whole pleadings

2. The plaintiff asserts that the defendant bears the obligation to return the lease deposit to B, and seek the payment of the collection amount according to the above seizure and collection order.

In this regard, the defendant asserts that the difference in the deposit amount of KRW 150,000 is KRW 121,00,000,000, and that since the unpaid management expenses are KRW 33,657,857, the unpaid management expenses are KRW 33,657,857, the deposit to be refunded to B is not remaining. Accordingly, the plaintiff paid all the rent and management expenses by depositing money to E in the passbook or issuing a check according to the defendant's direction.

3. Determination.