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(영문) 대구지방법원 2019.01.17 2018가합200963
추심금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be incidental to the participation.

Reasons

1. Facts of recognition;

A. 1) The Defendants’ Intervenor, the husband of Defendant B and Defendant B (hereinafter referred to as “ Intervenor”) are only the Defendants’ Intervenor.

(A) On January 26, 2015, the Defendant Company leased the instant apartment from the Defendant Company with the following terms (hereinafter “instant lease agreement”).

(3) Around that time, Defendant Company’s security deposit for the instant lease agreement amounting to KRW 340 million (hereinafter “instant security deposit”).

Article 2 (Duration) of the Act provides that a lessor shall deliver the said real estate to a lessee by February 24, 2015, with the condition that he/she is able to benefit from using the said real estate for the purpose of the lease, and the term of the lease shall expire on February 24, 2017. In cases where the lease contract is terminated, the lessee shall restore the said real estate to its original state and return it to the lessor. In such cases, the lessor shall return the deposit to the lessee. In such cases, the lessor shall return the deposit to the lessee, and if the overdue rent or damages are incurred, he/she shall be removed and the balance shall be refunded. 2) The Defendants and auxiliary intervenors did not notify the lessee of the refusal to renew the instant lease by February 24, 2017, which is the expiration date

B. 1) The Plaintiff filed an application for provisional seizure of claims (Seoul Central District Court 2016Kadan81473) with the debtor as Defendant B, Defendant Company, and the third debtor as the Defendant Company, and KRW 200 million issued on April 26, 2016 with the claim claim KRW 200 million out of the claim for the refund of the instant security deposit amount (Seoul Central District Court 2016Kadan81473). In the foregoing case, the Seoul Central District Court rendered a ruling citing the above claim of the Plaintiff on November 8, 2016 (hereinafter “decision of provisional seizure”).

(2) On November 10, 2016, the Plaintiff filed a lawsuit (Seoul Central District Court 2016Da5306255) against the Defendant B seeking payment of the amount of KRW 200 million and damages for delay thereof.

In the above case, the Seoul Central District Court on April 18, 2017, "Defendant B" was the plaintiff.

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