추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The Plaintiff received an order against B to pay the Plaintiff the amount of KRW 100,311,205 out of KRW 191,103,207 and the above amount of KRW 100,311,205 from June 27, 2017; KRW 90,329,547 from June 29, 2017 to September 7, 2017; KRW 10% per annum from the next day to the date of full payment; and KRW 15% per annum from the next day to the date of full payment; and the above payment order was finalized on September 22, 2017.
(B) On April 18, 2018, the Plaintiff received a seizure and collection order against B’s Defendant based on the executory exemplification of the above payment order (hereinafter “instant claim”). The Plaintiff was served on the Defendant on April 18, 2018.
【In the absence of dispute, the grounds for recognition of the parties to the determination as to the respective descriptions of Gap evidence Nos. 1 and 4 (including a provisional number; hereinafter the same shall apply), and the grounds for the overall purport of the pleadings, the plaintiff B leased the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) from the defendant on August 10, 2013, and paid the defendant KRW 70 million as the lease deposit.
Since the Defendant did not refund the lease deposit even though B delivered the instant real estate to the Defendant, the Defendant is obligated to refund the lease deposit to the Plaintiff based on the seizure and collection order.
The deposit actually received by the Defendant from Defendant B is only KRW 20 million, and if the sum of the unpaid rent, etc. that was not paid by the Defendant B is deducted from KRW 5,375,00,000, there is no deposit to be refunded by the Defendant to B.
Judgment
The plaintiff received a final payment order against B, and accordingly received a seizure and collection order as to the claim of this case against the defendant, and the fact that the above order was served on the defendant is as seen earlier.
However, the plaintiff's seizure and collection order against the defendant.