(영문) 서울중앙지방법원 2019.04.18 2018가단5209730

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(영문) 서울중앙지방법원 2019.04.18 2018가단5209730

추심금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 26, 2016, C leased the lease deposit to the Defendant for the second floor neighborhood living facilities on the D ground of Gangnam-gu Seoul Metropolitan Government (hereinafter “instant store”) with the lease deposit of KRW 50 million, monthly rent of KRW 14 million, and the lease period from May 27, 2016 to June 9, 2018, and received the lease deposit around that time.

B. On the basis of the authentic copy of the notarial deed with executory power over C, the Plaintiff was issued a seizure and collection order (hereinafter “instant seizure and collection order”) against the amount up to KRW 30,062,80, out of the monthly rent to be paid by the Defendant to C upon the lease under the above lease as of June 21, 2017, and the above seizure and collection order was served on the Defendant on June 27, 2017.

C. The above lease agreement was terminated on October 2018.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]

2. The allegations by the parties and the determination thereof

A. The plaintiff asserts that the plaintiff is liable to pay to the plaintiff 30,062,80 won out of the rent to be paid to C after the date on which the collection order of this case was served to the defendant.

In this regard, the defendant asserts that the unpaid rent is automatically deducted from the lease deposit to be paid to him, so it cannot respond to the plaintiff's claim.

B. The security deposit received in relation to the lease of real estate is a security for the lessee’s all obligations arising from the lease, such as the lease obligation, the liability for damages arising from the loss, damage, etc. of the object, and the amount equivalent to the security deposit is naturally deducted from the lease deposit without any separate declaration of intention, unless special circumstances exist to the return of the object after the termination of the lease.

In addition, even if the lease is terminated, the lessee would be able to receive the deposit due to the lessor's insolvency.

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