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(영문) 부산지방법원 2020.04.02 2019가단324899

채무부존재확인

Text

1. The Plaintiff’s debt owed to the Defendant according to the collection order, No. 2019, 57355, to Busan District Court.

Reasons

1. Basic facts

A. On November 29, 2016, the Plaintiff leased approximately KRW 48 square meters to C among the stores on the first floor of the 1st floor of the Dongdong-gu, Busan, for the period from November 29, 2016 to November 28, 2021, a deposit of KRW 50,000, monthly rent of KRW 1,800,000 (excluding value-added tax), and the period from November 29, 2016 to November 28, 2021.

B. C agreed on January 13, 2017 to preferentially repay the borrowed amount when borrowing KRW 50,000,000 from E.

C. On April 12, 2017, the Defendant received a provisional attachment order of KRW 30,000,000,000 from the Busan District Court (2017Kadan2173) to the Plaintiff as the preserved right to the loan claim amounting to KRW 30,00,000, out of the lease deposit return claim against C, and the said decision was served on the Plaintiff on May 4, 2017.

On September 11, 2018, the Plaintiff agreed to a lease agreement with C and returned KRW 42,180,000 remaining after deducting the unpaid rent of KRW 7,820,000 from the lease deposit amount to be refunded to C.

(The above 42,180,000 won was paid to E via C or appears to have been paid directly by the Plaintiff to E on the same day. Meanwhile, E received additional KRW 7,820,000 in addition to the above 42,180,000, and received reimbursement of KRW 50,000,000 in addition to the above 42,180,000).

On June 24, 2019, the Defendant was determined to transfer KRW 30,00,00 from provisional seizure to provisional seizure for KRW 13,797,313 from the Busan District Court to the original seizure for KRW 30,00,00, out of the lease deposit return claims against the Plaintiff by using KRW 43,797,313 of the principal and interest on the loan claims in Busan District Court Decision 2019Da358, Busan District Court Decision on June 24, 2019. The above decision was served on the Plaintiff on July 16, 2019.

F. On July 22, 2019, the Plaintiff asserted that the amount to be paid to the Defendant according to the above collection order is KRW 22,180,000, based on Article 248(1) of the Civil Execution Act, Busan District Court Decision 3582, Busan District Court Decision 2019, supra, deposited the said amount.

The defendant shall thereafter make the deposit money.