beta
Text
1. The Defendant’s KRW 44,780,00 for the Plaintiff and KRW 5% per annum from September 7, 2017 to June 21, 2018.
Reasons
1. Basic facts
A. On June 10, 2016, C, from the Defendant, on the following occasions, leased the site and ditch facilities of the gas station located outside D and four parcels, with the lease deposit of KRW 100 million, monthly rent of KRW 9 million, from July 1, 2016 to June 30, 2018 (hereinafter “instant lease agreement”), and around that time, paid KRW 100 million to the Defendant.
B. The instant lease agreement was concluded on November 30, 2016, and the Defendant returned KRW 20,000,000 out of the lease deposit to C around December 1, 2016.
C. On December 27, 2016, the Plaintiff received an assignment order of KRW 75,00,000 from the obligor C, the garnishee, the Defendant, the claim claim amounting to KRW 75,00,000,000, based on the authentic copy of the notarial deed with the executory power to execute the monetary loan agreement (No. 6126) in relation to C’s office against the Defendant under the instant lease agreement with the Defendant as to KRW 75,00,000 out of the claim for the refund of the deposit deposit under the contract of this case (hereinafter “instant assignment order”). The instant assignment order was served on the Defendant on December 29, 2016 and became final and conclusive on July 5, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. The plaintiff asserts that he/she is obligated to pay the full amount according to the instant assignment order. The defendant asserts that, after the termination of the instant lease contract, the lease deposit is returned to C on December 1, 2016 (the first return), and on December 19, 2016, the rent of KRW 35,220,000, excluding the unpaid rent of KRW 40,780,000 and the additional settlement scheduled amount of KRW 40,780,000 (the second return) and the remainder of the lease deposit is returned (the second return). Since the defendant's unpaid deposit is expected to secure additional damages arising in relation to the instant lease, the lease deposit is deducted or returned and there is no balance.
3...