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1. The Defendant’s payment order for the lease deposit case against the Plaintiff is the Suwon District Court Branch 2018Guj2787.
Reasons
1. Basic facts
A. The Defendant applied for a payment order against the Plaintiff under this Court No. 2018 tea2787, and “the Plaintiff shall pay 55 million won and damages for delay to the Defendant” was finalized on November 16, 2018, and the cause of the application is as follows.
(A) On August 2008, C and her husband D entered into a lease agreement with the Plaintiff and deposit KRW 55 million per month, and KRW 4.5 million per month of rent (excluding value-added tax) and operated business in Ansan-si E around October 2010, the Defendant Company was established and operated the said lease agreement until March 2014.
Since the lease has been terminated, the plaintiff shall refund 55 million won to the defendant.
B. On November 1, 2010, the Defendant leased a deposit of 55 million won from the Plaintiff and 49550,000 won per month of rent (4.5 million won, value-added tax 4.5 million won), and operated a motor vehicle maintenance business for 41 months until March 31, 2014.
C. The representative director of the Defendant Company is C, but D, a husband of C and a director of the Defendant Company, actually operated the Defendant Company.
[Reasons for Recognition] Facts without dispute, Gap 6, 7, 10 evidence, Eul 5 evidence, the purport of the whole pleadings
2. The parties' assertion
A. The Defendant shall pay to the Plaintiff KRW 286,690,000 for the 41 month period plus KRW 202,950,000 for the Plaintiff ( KRW 4,950,000 for the 41 month period x 41), the Defendant’s loan amount of KRW 30,100 for the 31 March 31, 2019 (the following table), and the interest of KRW 53,640,00 for the 286,690,00 for the 24% per annum. The amount the Defendant paid to the Plaintiff is only KRW 215,750,00 for the 555 million including the deposit money.
Therefore, there is no deposit to be returned to the defendant, so compulsory execution based on the above payment order should not be permitted.
The amount of gold set forth in the table Nos. 1 6,00,000,000 125,250,250,000 won (50 months) on March 1, 2010. 1,009. 1,00,000,000 won (43 months) 2.