beta
Text
1. The Defendant’s payment order for the lease deposit case against the Plaintiff is issued by Suwon District Court Decision 2017Hu3366.
Reasons
1. Facts of recognition;
A. On October 24, 2006, the Plaintiff entered into a lease agreement with D on the deposit amount of KRW 10,000,000 for the Seoul Jongno-gu E and the second floor, and KRW 600,000,000, in the name of a person living together.
B. D around March 2009, transferred the above right of lease to the Defendant in KRW 22,00,000 (However, the transferee’s name was written in F as the Defendant’s wife), and the Plaintiff consented thereto.
C. On May 31, 2017, the Defendant again transferred the above right of lease to D who is a former lessee, and on July 5, 2017, after deducting the unpaid rent of KRW 5,400,000 from KRW 10,000,000, the Defendant received a payment order (hereinafter “instant payment order”) from the Plaintiff, and subsequently became final and conclusive around that time, under which, on July 6, 2017, the Defendant applied for a payment order claiming the refund of KRW 4,60,000 for the remainder of KRW 4,60,000,000, which was paid for the lease deposit.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 14, the purport of the whole pleadings
2. The judgment of the lease deposit is naturally deducted from the lease deposit without any separate declaration of intention, since the lease deposit covers all the obligations of the lessee arising from the lease, such as the lease deposit, etc.
With respect to the instant case, the total rent that the Defendant is obliged to pay to the Plaintiff during the total lease period is KRW 58,800,000 [=60,000 won x 98 months (from April 1, 2009 to May 31, 2017)]. The Defendant’s assertion that the total rent paid to the Plaintiff directly or through D is KRW 48,60,000,000, and the Defendant paid KRW 11,70,000 as the rent for rent from April 1, 209 to September 10, 2010, is reasonable to deem that the entire rent is paid to D as rent. However, since there is no evidence to support the fact that the Plaintiff, a lessor, delegated the right to receive rent to D, the lessee, the above assertion by the Defendant.