추심금
1. The part against Defendant B among the instant lawsuit is dismissed.
2. The plaintiff's claim against the defendant A is dismissed.
3...
1. Facts of recognition;
A. On May 10, 2013, Defendant B entered into a lease agreement with Defendant A, setting the lease deposit amount of KRW 52,300,000,000,000,000 for the lease deposit, KRW 12 months during the lease period, and KRW 90,000,000 for monthly rent (hereinafter “instant lease agreement”) between Defendant A and Defendant A, and around that time, the said lease deposit was paid.
On May 15, 2014, Defendant B leased the instant apartment from Defendant A with a monthly rent of KRW 1 million and a lease term of one million. However, the lease deposit of this case was a lease agreement to change the remainder of KRW 41,500,000 (hereinafter “instant renewed lease agreement”) after deducting the overdue rent from KRW 52,300,000,000,000.
B. The Plaintiff, based on the original copy of the decision of recommending reconciliation with executory power over the revocation of fraudulent act in Suwon District Court Decision 2015Da210608, the Plaintiff received the claim amount as KRW 52,866,693 on the basis of the original copy of the decision of recommending reconciliation, which is 52,30,000,000 according to the instant lease agreement with Defendant A, with respect to the remainder excluding the amount eligible for preferential repayment pursuant to Article 8 of the Housing Lease Protection Act and the Enforcement Decree of the same Act, among the lease deposit of KRW 52,30,00,000 according to the Housing Lease Protection Act and the Housing Lease Protection Act, Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Order 2015Mo426, the attachment and collection order (hereinafter “instant claim”). The written decision was served on
C. Defendant A terminated the lease contract on the grounds of Defendant B’s failure to pay rent, and Defendant A spent KRW 11.30,000 as the litigation cost in order to receive the instant apartment.
[Reasons for Recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 2, Gap evidence 4-1, 2, Gap evidence 5, 6, Eul evidence 3, and the purport of the whole pleadings
2. The plaintiff's assertion
A. Defendant A’s claim for collection against Defendant A.