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(영문) 수원지방법원 2017.10.13 2016나72587
추심금
Text

1.Paragraph 1 of the text of the judgment of the court of first instance is amended as follows:

The defendant shall enter the attached list from B.

Reasons

1. Basic facts

A. 1) The Defendant entered into a lease agreement with B on August 28, 2012, as indicated in the separate sheet owned by the Defendant (hereinafter “instant real estate”) between B and B.

) A lease agreement was concluded with the effect that the lease deposit was leased KRW 106,00,000, monthly rent of KRW 700,000, and the lease term was set from July 1, 2014 to July 31, 2016 (hereinafter “instant lease agreement”).

(2) B paid KRW 106,00,000 to the Defendant under the instant lease agreement, and occupied the instant real estate.

B. On July 21, 2015, the Plaintiff issued an order for the seizure and collection of the lease deposit repayment claim under the instant lease agreement that B had against the Defendant with the amount claimed as KRW 2,400,000 based on the authentic copy of the authentic copy of the promissory note with executory power under Article 381, which was signed by the Suwon District Court 2015TTTA, 2015. The Plaintiff received the order for the seizure and collection of the lease deposit. The said order was served on the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3-1, 2, Eul evidence 1 to 3, and the purport of the whole pleadings

2. Determination:

A. According to the judgment on the cause of the Plaintiff’s claim, the instant lease agreement expired on July 31, 2016, and thus, the Defendant is obligated to pay 2,400,000 won and damages for delay, which the Plaintiff seeks, among the claims for refund of lease deposit under the instant lease agreement, to the Plaintiff, the collection obligee, barring special circumstances.

B. The Defendant’s assertion 1) The Defendant asserted the transfer of the claim by the certificate with a fixed date, and the Defendant is the Dongyang Savings Bank Co., Ltd. (hereinafter “Dongyang Savings Bank”) that had already returned the lease deposit under the instant lease agreement around August 2014.

transfer to the defendant and with a fixed date.

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