beta
(영문) 수원지방법원 2017.11.08 2017가단3303

청구이의

Text

1. The Suwon District Court Decision 2013Da36729 against the Plaintiff rendered recommendations for the execution of the lease deposit case against the Plaintiff.

Reasons

1. Basic facts

A. On April 26, 2010, the Defendant concluded a lease agreement with the Plaintiff’s wife B (hereinafter “the Plaintiff’s husband and wife”) to lease the Plaintiff’s property at KRW 5,000,000, monthly rent of KRW 450,000 (after May 18, 2010), and from May 18, 201, the instant lease agreement was terminated between the Defendant’s husband and the Plaintiff’s husband on May 18, 201 (hereinafter “instant lease agreement”). The instant lease agreement was concluded between the Defendant’s husband and the Plaintiff’s husband on July 2, 2012.

B. The Defendant asserted that “the remainder of lease deposit after deducting the overdue rent, etc. from the Plaintiff couple should be refunded,” and on July 4, 2013, the Defendant filed a lawsuit against the Plaintiff couple for the claim for lease deposit under the Suwon District Court 2013Gabu36729, which was jointly and severally held against the Defendant as of July 12, 2013, and the said court rendered an annual decision on performance recommendation (hereinafter “the instant performance recommendation decision”) to pay the amount equivalent to 5% per annum from July 2, 2012 to the date of delivery of a duplicate of complaint, and 20% per annum from the following day to the date of full payment.

C. B received the instant decision on performance recommendation on July 22, 2013 and raised an objection on the 24th of the same month. However, the part against the Plaintiff, among the instant decision on performance recommendation, was finalized on September 3, 2013 because the Plaintiff did not raise an objection despite having received the instant decision on performance recommendation on August 17, 2013.

Meanwhile, in the case of Suwon District Court 2013Gaso36729, which was pending against B, the above court deducteds both the lease deposit of this case from overdue rent, etc. and extinguished. Rather, the Defendant added KRW 633,578 to the Plaintiff’s husband and wife in relation to the instant lease agreement.