(영문) 인천지방법원 2015.12.23 2015나55885

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(영문) 인천지방법원 2015.12.23 2015나55885

압류채권 지급청구의 소

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On February 18, 2013, the Defendant entered into a lease agreement with respect to the Ba-dong loan Co., Ltd. (hereinafter “Ba-dong loan”) and the 104 and 106 of the 1st floor of the 1st floor of the building in Nam-gu Incheon Metropolitan City (hereinafter “instant store”), setting the lease deposit amount of KRW 30 million,000,000 per month of rent (additional tax and the last day of each month) and the 2700,000 won per month of rent (hereinafter “instant lease agreement”) as five years of lease term (hereinafter “instant lease agreement”), and is currently in possession and operation of the instant store up to now.

B. On August 8, 2014, the Plaintiff notified the Defendant of the attachment of the rent claim that he/she had under the instant lease agreement with the Defendant, and the Defendant received the notification of the attachment on August 12, 2014.

[Reasons for Recognition - Unsatisfy, entry in Gap evidence 2 and 3 (including each number), the purport of the whole pleadings]

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the rent of KRW 8.91 million (2.97 million x 3 months) from August 2014 to October 2014, the amount of delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day following the delivery of the complaint of this case sought by the Plaintiff to the day of full payment to December 20, 2014.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion ① The above rent of KRW 8.910,00 must be naturally deducted from the lease deposit. ② Even if not naturally deducted, the Defendant agreed to deduct from the lease deposit, as the lessor was a lessor around June 2014, it should be deducted from the lease deposit.

③ Also, since the auction on the instant store was commenced and the Defendant terminated the instant lease contract, the said rent of KRW 8.91 million should be deducted from the lease deposit as the termination of the instant lease contract.

(2) Determination (1) The lease deposit shall be made until the lessee delivers the object after the lease contract is terminated.

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유사 판례

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