청구이의
1. The Defendant’s payment order based on this Court’s claim for the lease deposit against the Plaintiff is based on the payment order.
1. On January 21, 2014, the Defendant filed a claim against the Plaintiff for a payment order seeking the payment of the above deposit and the damages for delay on the ground that the Defendant had the claim to refund the lease deposit amount of KRW 20,000,000 against the Plaintiff by this court as the ground of claim against the Plaintiff. The payment order issued on January 29, 2014 by this court was served on March 20, 2014 and finalized on April 4, 2014.
2. The plaintiff asserts that compulsory execution based on the above payment order shall not be allowed since he did not have the duty to return the lease deposit, since he prepared a lease contract with the defendant for the lease of the house of this case with the non-party E, who received the lease deposit from the defendant, as to the lease of the house of this case in Ansan-si C ground D 2, 304 (hereinafter referred to as the "house of this case"), and since the defendant concluded a lease contract with the plaintiff's agent E to whom the right to lease the house of this case was delegated by the plaintiff, the plaintiff bears the duty to return the lease deposit upon the termination of the contract, and is not for domestic affairs.
The plaintiff asserts that the plaintiff bears the duty of return of deposit for lease based on the expression representation under Articles 125 and 126 of the Civil Code.
3. In full view of the overall purport of the pleadings in the following descriptions: (a) around August 2010, the Defendant concluded a lease contract with E and Jeonse deposit amount of KRW 20,00,00 with respect to the instant housing at issue and completed a move-in report on August 18, 2010; (b) paid KRW 20,00,000 to E three times from August 14, 2010 to December 23, 201; (c) paid KRW 20,00,000 to E over three times from August 14, 2010 to October 20, 205; (d) paid KRW 20,00,000 to E with the deposit amount of KRW 25,00,000 on October 25, 200; and (e) paid KRW 20,000 to E around May 19, 205; and