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Reasons
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(영문) 수원지방법원 2016.07.21 2014나41091
배당이의
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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. The reasoning of the court of first instance’s explanation concerning this case is as follows, except for adding the following judgments as to the matters alleged in the court of first instance to the 9th order of the court of first instance, the reasoning of the judgment is as stated in the reasoning of the judgment of the court of first instance, and thus, it shall be cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The Plaintiff’s assertion asserts that since the Defendant delayed the payment of rent from December 10, 2012, the Plaintiff’s assertion that KRW 5,650,000 of the overdue rent from December 10, 2012 to November 19, 2013, E Co., Ltd. (hereinafter “E”) acquired the ownership of the instant building, should be deducted from the lease deposit.

B. The fact that the Defendant’s unpaid rent, from December 10, 2012 to November 19, 2013, did not pay KRW 440,000 per month (including value-added tax) to C, a lessor, is no dispute between the parties.

Therefore, barring special circumstances, 4,933,33 won [including value-added tax] = 440,000 won per month x (10/30 days per December) x (10/30 days per month)] should be deducted from the lease deposit to be distributed to the Defendant from KRW 10,000,000.

(The plaintiff asserts that the plaintiff should be deducted from the amount of KRW 5,650,000 per month by calculating that it is the difference with the defendant's C, but the plaintiff's assertion exceeding the above recognition scope is without merit).

The details of remittance of the passbook on November 8, 2012 as of the date of offsetting the overdue rent of No. 100,000 Do Card 10,000 Do Card 10,000 Do Card 5, Nov. 12, 2012, No. 10-7 of No. 10-7, Nov. 15, 2012, Fox 40,000 Do Note No. 10-8, No. 112,760 Do Note No. 10-9, No. 10-9, No. 1119,40 Do Note No. 10-10, Nov. 20, 2012, No. 10-10, No. 10-31, Dec. 3, 2012

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