추심금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. There is a building that is unregistered on the ground of 271m2 in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, the Foundation C (hereinafter “Defendant church”).
B. At the time of September 20, 2008, E prepared a lease agreement (hereinafter “instant first lease agreement”) with F, which stipulates approximately KRW 17 square meters of the fourth floor G of the building of the Defendant church (hereinafter “instant building”) as “25 million and for 24 months of the lease term,” and thereafter occupied and used the instant building from that time.
C. Around August 2014, the Plaintiff filed an application with the Suwon District Court for a payment order seeking reimbursement of “1.5 million won for the loan” and its delay damages. On July 29, 2014, E was served with the payment order issued by the said court, and immediately filed an objection to the instant case (U.S. District Court 2014Gahap6189, hereinafter “related loan case”). D.
On September 20, 2014, E entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant church, setting the lease deposit amount of KRW 25 million with respect to the instant building as from September 20, 2014, with the period of lease from September 20, 2014. At the time, the Defendant church did not refund the lease deposit amount to E, and H did not pay the said lease deposit to the Defendant church.
E. The Plaintiff was sentenced to the lower judgment on July 10, 2015 in the relevant loan case, and the said judgment became final and conclusive on April 6, 2017 through an appellate trial and a final appeal trial.
F. The Plaintiff, based on the above loan judgment, made the debtor E and the third debtor E as the defendant church as the defendant church, and applied for a collection order of the claim amounting to 25 million won for the refund claim of the deposit for the first lease of this case. On April 30, 2018, the Plaintiff issued an order of collection of the claim attachment of this case.