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The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.
Busan District Court 2019Kadan43.
Reasons
1. Basic facts
A. On May 18, 2015, the Plaintiff entered into a lease contract with the effect that the lease deposit is KRW 150,000,000 with respect to D Apartment E (hereinafter “instant apartment”) in Suwon-gu, Busan (hereinafter “instant apartment”) and the lease term is set from June 4, 2015 to June 3, 2017 (hereinafter “instant lease contract”). The Plaintiff received KRW 10,000,000 from B as the down payment on the same day, and received KRW 10,00,000 from B.
6.4. Receiving KRW 67,000,000, out of the lease deposit, from the account in the name of the Plaintiff.
B. On December 27, 2017, the Defendant filed an application for provisional attachment of the lease deposit claim held by B as the claim for prior reimbursement claim against B, with the Busan District Court Decision 2017Kadan6550 (hereinafter “instant provisional attachment order”), and the said provisional attachment order was served on the Plaintiff on January 3, 2018.
C. On July 23, 2018, the Defendant applied for a payment order against B with the Busan District Court Decision 2018 tea13761, and received from the above court the payment order that “B shall pay to the Defendant 20,64,451 won and 20,370,684 won among them, 12% per annum from February 20, 2018 to the service date of the original copy of the payment order, and 15% per annum from the next day to the day of full payment.” The above payment order was finalized around that time.
On September 18, 2018, the Defendant received a collection order for the seizure and collection (hereinafter “instant seizure and collection order”) from the Busan District Court (2018TTT) to transfer the provisional seizure of the above claim to the original seizure.
E. On November 20, 2018, the Defendant applied for a payment order against the Plaintiff seeking the payment of the collection amount under Busan District Court Branch 2018 teas.5358 and applied for the payment order from the above court on November 20, 2018, and the Plaintiff paid 5% per annum from September 222, 2018 to the delivery date of the original payment order, and the following day.