손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 17, 2015, the Plaintiff leased to Defendant B KRW 10,00,000,000, monthly rent of KRW 380,000 of the lease deposit, and Defendant B received the said real estate after paying the deposit to the Plaintiff.
B. Defendant C and D completed a move-in report under the Resident Registration Act on April 7, 2015 with the help of Defendant B without the Plaintiff’s consent, designating the instant real estate as its domicile.
C. G, the creditor of Defendant C, indicated that “The obligation of Defendant C to return KRW 30,115,068,00,000,000 to the Plaintiff regarding the instant real property,” as the obligation to seize the lease deposit amount of KRW 150,115,068 owed by the Incheon District Court as the obligation to claim a loan amount of KRW 150,115,068 against Defendant C, and received the seizure and collection order on August 4, 2015, and the said decision was served on the Plaintiff, the garnishee, as the obligor, on August 12, 2015.
G, as Defendant D’s creditor, indicated that the claim amounting to KRW 281,178,082 as the claim amounting to Defendant D’s loan amounting to KRW 281,178,082 as the claim amount, and indicated that “the claim amounting to KRW 21,00,000,000, which Defendant D owns to the Plaintiff regarding the instant real estate” as the claim amount to be seized, and received a seizure and collection order on October 28, 2015, and around that time, the said decision was served on the Plaintiff as the garnishee.
E. On August 25, 2015, G applied for a payment order against the Plaintiff to seek payment of the said collection amount, and on October 2, 2015, G filed an objection by the Plaintiff.
At the time of filing an objection, the Plaintiff submitted a written answer to the effect that “B as the lessee did not respond to C as there was no superior, such as sub-party C, but the next order for payment arrived at.”
F. As above, the Plaintiff raised an objection to the payment order and brought an objection to the litigation procedure, and the court of first instance tried to serve the Plaintiff with the notice of the date of first pleading.