(영문) 수원지방법원 2018.11.14 2017가합26938

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(영문) 수원지방법원 2018.11.14 2017가합26938

제3자이의

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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. D on March 16, 2018, heading Suwon District Court No. 2413, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 15, 2015, E, the wife of the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) drafted a lease agreement between D and D with regard to the lessee E, the lease deposit amount of KRW 280 million, and the term of the lease from October 30, 2015 to October 29, 2017, with respect to the Suwon-gu G apartment 119 Dong 403, Suwon-gu, Suwon-gu, D owned by D.

(hereinafter) The above lease contract and the contract under the above lease contract refer to "the lease contract of this case" and "the lease contract of this case", and the above lease deposit is "the lease deposit of this case", and the claim for the refund of the lease deposit of this case is same as the claim in the attached list).

Around 2016, the Defendant filed a lawsuit against E for a loan claim with the Suwon District Court. On June 20, 2017, the said court rendered a judgment in favor of the Defendant (U.S. District Court 2016Ga72750), which stated that “E shall pay to the Defendant of this case 30 million won, 5% per annum from October 1, 2013 to March 24, 2016, and 15% per annum from the next day to the date of full payment.”

Since then, the appellate court rendered a judgment dismissing the appeal on November 22, 2017 (Seoul High Court 2017Na2017Na2036466), and as the appeal is not filed, the judgment of the first instance court in favor of the defendant was finalized on December 9, 2017.

C. On July 19, 2017, the Defendant filed an application with the Suwon District Court for the seizure and collection order of the claim to return the lease deposit of this case against E, with the title of execution of the judgment of the first instance, and the said court issued the seizure and collection order (2017TT 108085) with the same content as the foregoing. The above seizure and collection order was served to D around that time.

D on March 16, 2018, the deposit money for the lease on an apartment is 200 million won against the lessee of this case (contract E).

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