(영문) 대전지방법원 2016.08.25 2015가단228444

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(영문) 대전지방법원 2016.08.25 2015가단228444

추심금

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1. The defendant shall pay 96,00,000 won to the plaintiff and 15% per annum from July 6, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. From April 28, 2014 to April 27, 2016, the Defendant leased from C E hotel located in Daejeon Middle-gu as the lease term, the lease deposit amount of KRW 286 million, and the monthly rent of KRW 6 million (repaid payment) and used it as a lodging establishment until now.

B. On July 31, 2015, the Plaintiff received a collection order and seizure order, stating that “The Plaintiff had a claim of KRW 100 million against Nonparty C with a promissory note amounting to KRW 84,000,000, based on an executory exemplification of the notarial deed (No. 84, 2015), and that “The Plaintiff seized the claim indicated in the separate sheet against Defendant C against the third debtor of the debtor C, and prohibit the payment, disposition, and receipt” by the Seoul Central District Court No. 2015, 2015.

On August 5, 2015, the above order of seizure and collection was served on the defendant.

C. The Defendant did not pay the lessor the rent that was paid on March 27, 2015.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the above facts, after being served with the collection order of this case, the defendant is obligated to pay the monthly rent, including delayed payment, to the plaintiff, the collection obligee.

Therefore, the Defendant is obligated to pay to the Plaintiff 96,00,000 won (16 months x 6 million won) out of the monthly rent from March 27, 2015, to July 4, 2016, as the Plaintiff seeks, and to pay the Plaintiff 15% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 6, 2016 to the day of complete payment.

B. The defendant's assertion asserts that the defendant should deduct the lease deposit that the defendant paid to the lessor C from the monthly rent to be paid to the plaintiff.

However, as long as there is no evidence to prove that the defendant returned the leased object, the lease deposit shall be made in the monthly rent.

참조조문

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