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(영문) 수원지방법원 2018.11.22 2018나104
추심금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 31, 2015, the Defendant leased the lease deposit amount of KRW 1,400,000,000 for monthly rent of KRW 20,000,000, and the lease term of February 8, 2017, which was fixed by the Defendant, for the lease term of KRW 1,40,000,00.

(hereinafter “instant lease agreement”). B.

On March 21, 2017, the Plaintiff: (a) concluded a real estate lease agreement on the instant apartment with the debtor and the third debtor; and (b) issued a seizure and collection order (hereinafter “instant collection order”) with respect to “the above claim amount among the monthly rent claims paid or unpaid by the third debtor among the monthly rent claims paid or unpaid by the third debtor” as the debtor B and the third debtor as the defendant and the third debtor KRW 260,400,000.

C. The instant collection order was served on March 24, 2017 on the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 4, 6-1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff 20,000,000 won and damages for delay, which the plaintiff seeks, out of the collection amount based on the collection order of this case, to the plaintiff as the collection obligee, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The summary of the argument was that the Defendant paid to B all the rent for the apartment of this case, and the process of confirming B and this was also conducted.

Therefore, since the claim subject to the seizure of the collection order of this case was extinguished, it is not effective.

(B) The above argument by the Defendant contains the assertion that the rent claim in B and the Defendant’s lease deposit claim are set-off or set-off and extinguished, and thus, it is judged as follows.

Judgment

The security deposit received in the lease of real estate shall be the obligation to guarantee all the obligations of the lessee under the lease, such as the lease obligation, the obligation to compensate for the damage incurred by the loss, damage, etc. of the object, etc.

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