beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 17, 2017, the Plaintiff filed a lawsuit against the Defendant for the return of the lease deposit (hereinafter “instant first instance judgment”) with the Suwon District Court 2017Da31301, and the said court rendered a judgment on January 23, 2018 stating that “the Defendant shall pay to the Plaintiff 23,827,060 won and interest calculated at the rate of 5% per annum from May 15, 2017 to January 23, 2018, and 15% per annum from the next day to the date of full payment.”
B. On April 10, 2017, the Plaintiff filed an application for provisional seizure against the Defendant on April 10, 2017, with the Suwon District Court 2017Kadan201307, and seized the real estate owned by the Defendant upon receipt of the decision of provisional seizure from the above court on April 13, 2017. Accordingly, the Defendant deposited the Plaintiff’s claim amount of KRW 25,61,673 as KRW 3085 of the same court in April 9, 2018 (hereinafter “instant deposit”).
On July 12, 2018, the Plaintiff paid the full amount of the deposit by obtaining a provisional seizure and collection order, etc. from the Suwon District Court Decision 2018TTTT108392, which was based on the judgment of the provisional execution sentence of the first instance court of this case, to transfer the deposit of this case to the original seizure.
C. The Plaintiff and the Defendant appealed to the judgment of the first instance court of this case with Suwon District Court 2018Na56183, and the Defendant filed an application for the return of provisional payments with the above court around January 30, 2019, and the above appellate court in the judgment of the first instance of this case rendered on January 30, 2019, issued an order to pay to the Plaintiff 17,593,630 won and the amount calculated at the rate of 5% per annum from March 24, 2018 to January 30, 2019, and 15% per annum from the next day to the date of full payment. The part of the judgment against the Defendant ordering the Defendant to dismiss the Plaintiff’s claim corresponding to the revoked portion, while the Plaintiff’s claim for provisional payment was returned to the Defendant from January 10, 2019 to October 13, 2019.