beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) leased a warehouse building to C (hereinafter “C”) in the Gunsan City of its ownership and has a claim against C for rent.
B. On January 22, 2016, D notified the Defendant of the fact that C transferred the total amount of KRW 316,80,000,00 (= KRW 52,80,000 x 6 months x 6 months) of the credit for the six-month rent (i.e., the total amount of KRW 52,80,000) on January 25, 2016, and the said notification reached C on January 25, 2016.
C. On March 31, 2016, the Defendant notified C and D of the transfer of the rent of KRW 369,600,000 on seven occasions that he/she notified C and D as of January 22, 2016, if the following conditions are met: (The following conditions: KRW 113,600,000 shall be paid in cash to the Defendant).
Meanwhile, the Plaintiff, as Seoul Central District Court 2016TTT No. 20042, issued a collection order on June 9, 2016 with the amount of claim KRW 139,81,591, out of the rent claim against D against D as the claim amount. The Plaintiff was served on C with the above claim seizure and collection order on June 9, 2016.
E. On March 16, 2017, C deposited KRW 93,676,595 by designating the deposited person as Defendant or D, as indicated in the primary purport of the claim on March 16, 2017, the Seoul Central District Court deposited KRW 93,676,595 as Defendant or D.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, and 12 (each number is included; hereinafter the same shall apply) and the purport of the whole pleadings
2. The collection obligee upon receipt of a collection order and seizure of the Defendant’s principal defense and collection order against the Defendant’s principal defense can exercise the obligor’s right necessary for the collection in court or outside court under his/her own name without subrogation procedure (see, e.g., Supreme Court Decision 2007Da26165, Jun. 23, 2009). Thus, the collection obligee upon receipt of the collection order and seizure of the Defendant’s right to claim the return of the deposited goods against the other deposited party in his/her own name.