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(영문) 의정부지방법원고양지원 2015.08.19 2014가합7155
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. As to the Plaintiff’s assertion of the cause of claim, the Plaintiff filed an application for the conciliation of the case, such as the refund of lease deposit, with Seoul Western District Court 2013 money14690, and completed conciliation to receive KRW 130 million from B during the said conciliation procedure. On April 3, 2014, the Plaintiff: (a) as the title of execution of the executory protocol of the conciliation case; (b) as the Incheon District Court 2014TTT10618, “B” against the Defendant, the Plaintiff filed an application for the seizure and collection order with respect to the claim regarding “139,558,904, out of the refund deposit amount of the commercial lease deposit under the commercial lease contract with respect to the building,” which the Plaintiff acquired from the above court on April 7, 2014, and (c) as the title of execution; and (d) barring any special dispute between the Plaintiff and the Plaintiff, the Defendant did not have the obligation to obtain the collection order from the above court on April 13, 2014.

2. As to the judgment on the Defendant’s assertion, the Defendant alleged that the Defendant returned all the lease deposit to B, the debtor, before the collection order of this case was delivered to the Defendant, and in full view of the overall purport of the pleadings as to the entries in the evidence No. 3, No. 1-1, and the witness B’s testimony, the Defendant and B concluded a lease agreement with the Defendant on May 30, 2010 regarding the lease deposit amount of KRW 40 million, the rent month, KRW 22 million, the lease period from May 30, 2010 to May 30, 2013, and the part of the building was sub-leased after the Defendant was delivered the building of this case from the Defendant, and the Defendant shall pay the building under the said lease agreement.

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