logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.06.19 2018가단37269
추심금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On March 30, 2016, the Plaintiff filed a lawsuit against Defendant B and Defendant C with the Busan District Court Branch Branch Decision 2015Kadan25626, and on March 30, 2016, the said Defendants rendered a judgment that “The Defendants jointly and severally paid to the Plaintiff the amount of KRW 22,10,000,000 and the amount of KRW 13,00,000 per annum from February 13, 2016 to the date of full payment.” The said judgment became final and conclusive on April 16, 2016.

B. On April 6, 2017, the Plaintiff was issued a seizure and collection order with the Incheon District Court 2017TTT as to the amount up to the above KRW 22,100,000 among the lease deposit claims regarding Defendant B and Defendant C’s real estate listed in the separate sheet (hereinafter “instant real estate”) against Defendant D, with the amount claimed as KRW 22,10,000,000. The said seizure and collection order was served on Defendant D on April 11, 2017.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 through 5, the purport of the whole pleadings

2. The Plaintiff asserted that Defendant B and Defendant C leased the instant real estate from Defendant D, and that the said lease agreement expired on December 2017, and the lease deposit remains approximately KRW 25,00,000,00. As such, Defendant B and Defendant C have a duty to deliver the instant real estate to Defendant D, and Defendant D has a duty to pay the Plaintiff KRW 22,10,00,000 and delay damages therefrom, simultaneously with the delivery of the instant real estate from the said Defendants in accordance with the seizure and collection order.

Therefore, the real estate of this case was leased by Defendant B and Defendant C from Defendant D

there is no evidence to prove that there is a claim for the return of the lease deposit against Defendant D.

Rather, Defendant D’s 10,00,000 deposit between E and two licensed real estate agents signing and sealing as intermediaries, and the lease period between October 30, 2016 and October 29, 2018, respectively, concerning the instant real estate.

arrow