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(영문) 수원지방법원성남지원 2016.08.19 2016가단9772

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 30, 2015, the Defendant leased the E-art located in Seongbuk-gu, Sungnam-si from C.

B. At the time, the E-Mart was used by F before the former lessee, and on June 20, 2015, the Defendant and F entered into a sublease contract (hereinafter “the instant sub-lease contract”) with F to the effect that F is sub-leased KRW 35,00,000,000, monthly rent, KRW 2,700,000 (including value-added tax) and the sublease period from February 1, 2015 to January 31, 2017.

C. However, F did not pay the Defendant the rent for November, December, 2015, and January, 2016. Ultimately, the Defendant and F agreed on the instant sub-lease agreement around January, 2016.

On February 18, 2016, the Plaintiff received a collection order for the attachment and collection of the instant claim against F in relation to KRW 25,000,000, out of the deposit for sub-lease of this case against F by a notary public of F on February 18, 2016, based on the money loan loan No. 1032 (hereinafter “notarial deed of this case”). The Plaintiff served the Defendant, a debtor, on February 23, 2016, with the collection order for the attachment and collection of the instant claim (hereinafter “instant claim seizure and collection order”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 5, Eul evidence No. 1, Eul evidence No. 5 through 7 (including each number), and the purport of the whole pleadings

2. The Plaintiff asserted by the parties that the Defendant bears the obligation to return the instant sub-lease deposit to F, and sought a payment from the Defendant for collection according to the seizure and collection order of the instant sub-lease.

In the event that the Defendant and F fail to pay the F in arrears not less than twice due to the special agreement while entering into the instant sub-lease contract, the Defendant decided to waive the instant sub-lease deposit, and the Defendant’s failure to pay F more than twice thereafter.