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(영문) 대전지방법원천안지원 2016.11.30 2015가단112838
임대보증금반환청구의 소
Text

1. Defendant B shall pay to the Plaintiff KRW 44,00,000 as well as 12% per annum from January 1, 2004 to September 23, 2005, and September 24, 2005.

Reasons

1. Basic facts

A. On December 4, 2001, the Plaintiff entered into a lease agreement with Defendant C to lease (hereinafter “instant lease agreement”) by setting the lease deposit amount of KRW 50,000,000, monthly rent of KRW 500,000, monthly rent of KRW 500,000, and the lease term of December 4, 2001 from December 4, 2001 to December 4, 2003.

B. After that, the non-102 of the instant shopping mall and the instant apartment shopping mall was rendered a decision of permission for sale on April 24, 2004 upon the application of the mortgagee.

Of 86,131,344 won to be actually distributed on the date of distribution of the above voluntary auction procedure ( July 19, 2005), the Plaintiff received dividends of KRW 1,944,540 won at Seoan-si, the holder of the right to issue the pertinent tax, and KRW 84,186,804 from the Seoan Daian Dai Dai Dai Farming Cooperative, the mortgagee of the right to deliver the pertinent tax, respectively, and failed to receive the distribution

C. On February 7, 2004, the Plaintiff asserted that the Defendants agreed to return KRW 44,00,000,000, which deducted the overdue rent of KRW 6,000 from KRW 50,000,000, by May 31, 2004, the Plaintiff filed a lawsuit against the Defendants claiming the return of the rental deposit under the Daejeon District Court’s Incheon District Court’s 2005dan18098.

On November 18, 2005, the defendants did not submit any written answer even after receiving a duplicate of the complaint, and on the above case, "the defendants jointly and severally pay to the plaintiff 44,00,000 won with 12% per annum from January 1, 2004 to September 23, 2005, and 20% per annum from the next day to the day of complete payment" were sentenced to a favorable judgment in favor of non-litigation (hereinafter referred to as "prior judgment"). This judgment became final and conclusive on December 17, 2005.

On the other hand, on February 13, 2013, Defendant C filed a petition for bankruptcy with Seoul Central District Court Decision 2013Hadan1380, and Defendant C filed a petition for immunity with the Seoul Central District Court Decision 2013Ma1380, and Defendant C filed a petition for immunity with the said court on July 19, 2013.

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