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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. C and the Defendant’s lease contract 1) On September 7, 2016, C concluded a lease agreement with the Defendant on the lease of all the leased land, buildings, and facilities of Pyeongtaek-si (hereinafter “instant lease agreement”) with the Defendant at KRW 170 million, monthly rent of KRW 9 million (excluding value-added tax), and from September 7, 2016 to September 6, 2018 (hereinafter “instant lease agreement”).
After the conclusion of the lease contract, the Defendant paid the lease deposit of KRW 170 million to the Defendant and operated the gas station. 2) The Defendant notified the payment of the rent for arrears to C on November 7, 2016, November 29, 2016, and December 26, 2016, but was not performed. Ultimately, C waived waived the lessee’s right under the instant lease contract and completed the report on the closure of the business on January 5, 2017.
3) On January 5, 2017, the Defendant and C agreed to refund only KRW 11 million (including KRW 30 million paid on January 2, 2017) remaining remaining after settling the overdue rent, etc. at the lease deposit KRW 170 million. The Defendant paid KRW 16 million to C additional KRW 5 million on January 5, 2017, and KRW 5 million on February 1, 2017. (b) A’s provisional attachment on December 16, 2016, with the loan claim against C as the secured claim to return the lease deposit under the instant lease agreement (hereinafter “instant deposit refund claim”).
Of them, an application for provisional seizure of KRW 40 million was filed ( Jeonju District Court 2016Kadan3115), and the provisional seizure order on January 4, 2017 (hereinafter “instant provisional seizure”).
(C) On January 5, 2017, the foregoing provisional attachment ruling was served on the Defendant on January 5, 2017. (c) The Plaintiff’s seizure and collection order 1) E filed a lawsuit against C on the loan claim (former District Court 2017Da5220), and on January 26, 2018, “C” has received from E 40 million won per annum from May 30, 2017 to January 26, 2018, and from January 27, 2018 to the date of full payment, 5% per annum from January 27, 2018, and 15% per annum from January 27, 2018 to the date of full payment (hereinafter “instant loan judgment”). The above ruling was issued.