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1. The Defendants each of KRW 1,125,700 to the Plaintiff, respectively, and 5% per annum from March 6, 2017 to August 9, 2017.
Reasons
1. Basic facts
A. The Plaintiff filed a lawsuit claiming construction price (Seoul District Court 2015dan1861, Daejeon District Court 2015da1861) against the non-party Escenz (hereinafter “non-party Escenz”), and the protocol of mediation was prepared in the lawsuit.
B. On September 15, 2015, the Plaintiff filed an application for a seizure and collection order (Seoul Central District Court 2015TTTT 21211) against the Defendants of the non-party company for the seizure and collection order (Seoul Central District Court 2015TT 201) with the above mediation protocol against the non-party company as the execution bond. The decision was served on the Defendants on September 18, 2015.
C. On October 22, 2014, the Defendants: (a) leased a building located in Gangnam-gu Seoul Metropolitan Government D to Nonparty Company for the lease deposit of KRW 20 million; (b) monthly rent of KRW 1.8 million; (c) management expenses and management expenses; and (d) the period of October 22, 2016.
The Defendants filed a building delivery lawsuit (Seoul Central District Court 2016Da136567) against the non-party company on the grounds of the delinquency in rent, and rendered a favorable judgment on January 20, 2017. On March 5, 2017, the non-party company handed over the leased object to the Defendants.
At the time of delivery, the rent and management fee of the non-party company in arrears are KRW 17,748,60.
[Based on the recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 through 6, and the purport of the whole pleadings
2. Determination:
A. The Plaintiff claimed the Defendants, the garnishee of the above collection order, to collect the money, and the Defendants asserted that they are liable only to the amount deducted from the lease deposit under the above lease agreement.
(b) In a claim for a collection amount, the third party obligor may set up against the obligee all defenses under substantive law that may be asserted against the obligor, and in a lease agreement, the lease deposit covers all the obligations of the lessee under the lease until the lease is delivered after the termination of the lease agreement, and the amount equivalent to the secured obligation.