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(영문) 서울중앙지방법원 2016.02.01 2014나60285
추심금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. On September 20, 2012, E.N., E., Ltd.: (a) leased from the Defendant the total of 150.39 square meters of the second floor of the Seoul Gangnam-gu Seoul building from October 5, 2012 to October 4, 2013; (b) the amount of KRW 20 million from October 5, 2012, deposit money, KRW 20 million from the Defendant, and KRW 2.5 million from the rent month (value-added tax, management expenses, public charges, and payment on the fifth day of each month).

On September 9, 2013, the Plaintiff received the attachment and collection order (hereinafter “the collection order of this case”) as to the non-party company’s claim to return the above lease deposit against the Defendant by Seoul Central District Court 2013TTTB28948, based on the executory exemplification of a notarial deed with respect to the claim for the monetary loan for consumption against the non-party company.

The collection order of this case was served on or around September 25, 2013 to the defendant, and the non-party company returned the leased object on October 5, 2013.

However, the above claim for the refund of the lease deposit was seized in accordance with the disposition on default even after Gangnam, and the defendant, by deducting the unpaid rent, etc., and asserting that the balance of the lease deposit remains KRW 2,778,934, and deposited the said amount on December 10, 2013 to the deposit officer of the Seoul Central District Court as 25612.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 7, 12, Eul evidence Nos. 2 and 17, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay the difference to the plaintiff if the amount obtained by deducting the rent, management expenses, public charges, etc. unpaid from the lease deposit amount of KRW 20 million exceeds the amount deposited for the above execution.

B. Amount to be deducted from the lease deposit is to be deducted from the above lease deposit. The following amount is to be deducted from the above lease deposit: (i) the sum of the rent, management fee, and electricity charges (including each value-added tax) accrued on July 2013 (including each value-added tax): KRW 3,429,060 (i.e., rent of KRW 2,750,000; KRW 572,000; electricity charges of KRW 107,060; and (ii) the sum of the rent, management fee, and electricity charges of KRW 3,486,450 (including each value-added tax) accrued on August 2013 (i.e., rent of KRW 2,750 (including each value-added

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