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(영문) 대전지방법원천안지원 2015.12.17 2015가단1044
배당이의
Text

1. On January 16, 2015, the above court with respect to A's compulsory auction or B(duplicate) cases in the Daejeon District Court Branch A's Incheon District Court.

Reasons

In the case, the Defendant’s right to lease on a deposit basis is to secure 300 million won, and thus, the amount equivalent to the overdue rent to C, a lessor, is naturally deducted from the above deposit.

Comprehensively taking into account the respective descriptions and arguments in the evidence Nos. 2, 4, and 6 regarding F’s deduction of annual rent and the overall purport of arguments, C, as to the following: (a) borrowed KRW 150,000,000 from F on May 10, 2012, with the Defendant’s consent and transfer, as interest, one-half of the above rent credits to the Defendant with the Defendant’s consent; (b) the agreement on the amendment of the contract made around May 10, 2012 between the Defendant, C, and F, entered into on March 12, 2009, on the following amendment of the lease agreement: (c) the lessor agreed to amend the lease agreement: (a) the amended terms and conditions of the contract from “C” to “C” to “13% (12% applied at the time of operation; (d) the additional terms and conditions of the contract from “30% of the installment payments” to “25% of the fee” to “36% of the installment payments” to 24.26% of the fee.

In full view of this, it is reasonable to view that C’s agreement to modify the above contract is a character of accepting the assignment of the above claim by the debtor, after notifying CF of the transfer of 1/2 of the rent claims arising in the future against the defendant.

The overdue rent to F, the transferee of the rent claim, is naturally deducted from the Defendant's deposit, and as seen earlier, the lease deposit guarantees all the obligations of the lessee arising from the lease relationship, such as the obligation to pay the rent, the obligation to compensate for damages arising from the loss, damage, etc. of the object, and the amount equivalent to the secured obligation is naturally deducted from the deposit without a separate declaration of intention, unless special circumstances exist when the object is returned after the termination of the lease relationship.

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