추심금
1. Defendant C Co., Ltd shall deliver to Defendant B the building indicated in the annexed real estate indication.
2. The defendant B is the defendant.
1. Facts of recognition;
A. The Plaintiff holds the principal amount of KRW 18.5 million against Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”).
(C) Jinsu-si District Court 2017j. 5461, b)
On March 28, 2016, Defendant Company leased from Defendant B a building indicated in the indication of attached property (hereinafter referred to as “instant building”) owned by it as KRW 20,000,000,000 for lease deposit, monthly rent, from April 11, 2016 to April 10, 2018.
(hereinafter “instant lease agreement”). C.
The Plaintiff, upon receipt of the above payment order against the Defendant Company, received a seizure and collection order (amount requested: KRW 18,706,352) from the Suwon District Court 2017TTT116419 with respect to the claim to return the above lease deposit against the Defendant Company B, and the above order was issued to the Defendant B on January 23, 2018.
[Reasons for Recognition] Evidence Nos. 1 through 5, Evidence No. 1, and the purport of the whole pleadings
2. Determination as to the claim against the defendant company
A. The indication of claim: Since the lease contract of this case has expired, the defendant company is obligated to deliver the building of this case to the defendant B according to the plaintiff's subrogation right.
(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
3. Determination as to the claim against the defendant B
A. According to the above facts, the instant lease agreement has expired on April 11, 2018, and thus, Defendant B is obligated to pay the collection amount to the Plaintiff, the collection obligee, as well as the delivery of the instant building from the Defendant Company.
B. Defendant B’s defense 1) The key point of the defense is that Defendant B’s compensation amounting to KRW 9,350,000,000,000,000 should be deducted from the deposit for lease of this case’s lease of this case’s lease of this case’s lease of this case’s lease of this case’s lease of this case’s lease of this case’s lease of this case’s lease of this case.