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(영문) 전주지방법원 2020.09.09 2019가단17470

추심금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On December 22, 2015, the Plaintiff leased F (hereinafter “instant apartment”) from Gunsan-si E (hereinafter “D”) (hereinafter “instant apartment”). Since the lease deposit was not refunded after the termination of the lease, the Plaintiff filed a lawsuit claiming the return of the lease deposit against D (the Jeonju District Court Gunsan Branch 2019Gadan284) and was sentenced to a favorable judgment on April 30, 2019, the said judgment became final and conclusive.

(hereinafter “the final judgment of this case”). (b)

On May 10, 2019, the Plaintiff was issued a seizure and collection order (the Jeonju District Court 2019 Ta-33272, hereinafter “the instant collection order”) regarding the amount of money from among the money in the name of rent in custody entrusted to the Defendant (the garnishee) as KRW 94,972,342.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, purport of whole pleadings]

2. The plaintiff's assertion and judgment

A. The assertion D and the defendant, in fact, establish the defendant as the old company and conduct the business of collecting the rent of the building of this case by establishing the defendant as the old company in order to evade the obligation to refund the deposit to the lessee such as the plaintiff. The defendant is not authorized to collect the rent in relation to the building of this case, and even if he is authorized, he is obligated to refund the rent in custody because it is due to the contractual relationship with D, even if he is authorized, and the defendant is obligated to pay the claim amount under the collection order of this case to the plaintiff

B. According to the evidence evidence Nos. 1 through 6 of the judgment, (1) D is a depositee on August 6, 2019, and KRW 86,762,837, which deducts the Plaintiff’s unpaid rent and management expenses, out of the judgment amount based on the final judgment of the instant case, shall be repaid and deposited, and an objection shall be raised against the Plaintiff.