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Reasons
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(영문) 서울중앙지방법원 2015.08.20 2014가합39393
청구이의
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1. The Defendant’s payment order against the Plaintiff is based on the payment order for the lease deposit case against the Seoul Central District Court 2014 tea 24391.

Reasons

1. Facts of recognition;

A. On September 27, 2013, the Defendant purchased the Gangnam-gu Seoul Metropolitan Government D apartment 303 (hereinafter “instant apartment”) from E as a broker of the public office of brokerage and brokerage office on September 27, 2013, and completed the registration of ownership transfer on October 21, 2013.

B. On November 1, 2013, the Plaintiff and the Defendant entered into a lease agreement with the Plaintiff and the Defendant (hereinafter “instant lease agreement”) with the Plaintiff setting the lease deposit amount of KRW 250 million and the term of lease from December 8, 2013 to December 8, 2015 (hereinafter “instant lease agreement”).

(2) On November 1, 2013, the Plaintiff agreed to pay to the Defendant the remainder KRW 225 million on November 8, 2013, and the remainder KRW 25 million on December 8, 2013.

C. On April 24, 2014, the Defendant filed an order for payment with the Plaintiff for the payment of the lease deposit unpaid by Seoul Central District Court 2014 tea24391, and the Defendant asserted that “the lease deposit that the Plaintiff did not pay to the Defendant is KRW 122,419,840.” (2) The above court issued an order for payment on May 1, 2014, stating that “the Plaintiff would pay the Defendant delayed payment interest at the rate of 20% per annum from the day following the delivery of the original copy of the order for payment to the day of full payment” (hereinafter “instant payment order”).

3) On June 12, 2014, the Plaintiff did not file an objection within two weeks from the date of receiving the instant payment order, and thus, the instant payment order became final and conclusive on June 27, 2014. [The Plaintiff’s entry in the evidence Nos. 1 and 1, and the purport of the entire pleadings]

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff paid KRW 52 million, out of KRW 250,000,000, to the Defendant by account transfer and cash payment.

The defendant is the apartment of this case.

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