(영문) 대전지방법원 논산지원 2017.02.09 2016가단3419

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(영문) 대전지방법원 논산지원 2017.02.09 2016가단3419

배당이의

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. In the auction case stated in the purport of the plaintiff's claim, the distribution schedule was prepared to receive the small amount of KRW 15,000,000, out of the claim for return of the lease deposit reported by the defendant as the lessee. The defendant asserts that since the unpaid rent of KRW 4,090,00 is naturally deducted from the lease deposit, the amount to be distributed by the defendant should be corrected by the remaining amount after deducting the above unpaid rent from the above KRW 15,00,000, and that the above KRW 4,090,000 should be distributed to the plaintiff.

B. The judgment is based on the following facts: (a) the lease deposit that the Defendant paid to Nonparty C, a lessor, is KRW 20,000,000; and (b) the distribution schedule was formulated that only the Defendant distributes the small amount of the lease deposit of KRW 15,00,000 to Nonparty C; and (c) the Defendant did not pay KRW 4,090,000 to the lessor during the period of the lease agreement, there is no dispute between the parties.

Therefore, even if it is naturally possible to deduct the unpaid rent from the time of the return of the object due to the nature of the security deposit held by the lease deposit, the object of the deduction is 20,000,000 won, which is the lease deposit that the Defendant actually paid to the Defendant, and as asserted by the Plaintiff, it is clear that the remainder is equal to 15,00,000 won, which is the small amount of the lease deposit that the Defendant would pay to the Defendant, and if it is deducted from the amount of KRW 20,000,000, which is the small amount of the lease deposit that the Defendant would pay to the Defendant as KRW 16,010,000.

Therefore, there is no reason to rectify the amount to be distributed to the defendant, and the plaintiff's assertion is rejected.

2. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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