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The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from July 2, 2016 to September 21, 2016, and the next day.
Reasons
1. Determination as to the cause of claim
A. The facts of recognition 1) The Defendant entered into a contract with C to lease the D 2-story building with C as deposit money of KRW 20,000,000 and KRW 2,000,000 each month of rent (hereinafter “instant lease contract”) between C and C (hereinafter “instant lease contract”).
(2) On March 6, 2015, the Plaintiff filed an application for the collection order of the instant collection order (hereinafter “instant collection order”) with respect to the claim for the return of deposit under the instant lease agreement with the obligor and the Defendant as the garnishee, and the Gwangju District Court 2015TTT3947. The said court issued the instant collection order by accepting the Plaintiff’s application on March 10, 2015, and issued the instant collection order on March 12, 2015. The original copy of the instant collection order was served on the Defendant on March 12, 2015.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the collection amount of KRW 20,000,000 according to the collection order of this case and delay damages therefrom, unless there are special circumstances.
In addition, the plaintiff sought payment of the above money to the defendant under the premise that the collection amount according to the collection order of this case is KRW 58,196,163, but there is no evidence to prove the above assertion of the plaintiff, and the plaintiff's assertion exceeding the above scope of recognition is rejected.
2. The defendant's defense is that C did not pay a rent under the instant lease agreement to himself/herself, and he/she paid a rent on behalf of himself/herself due to the default of public charges imposed on the leased object, and also incurred losses by paying expenses equivalent to 13,500,000 won to purchase the leased object after selling it through a seizure auction, and there is no difference in the deduction of the rent, public charges, and the amount of damages paid by the defendant from the deposit under the instant lease agreement.