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(영문) 서울북부지방법원 2020.04.02 2019나1624
임대보증금반환
Text

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. Basic facts

A. On January 25, 2017, C leased each of the instant shopping mall E (hereinafter “instant shopping mall”) of the Defendant, Seoul Special Metropolitan City, Nowon-gu, with the lease deposit of KRW 60 million, monthly rent of KRW 2.5 million (including value-added tax), and from February 13, 2017 to February 13, 2022, respectively.

C On February 13, 2017, the above lease deposit was paid to the Defendant and received the instant commercial building from the Defendant. Of the above lease deposit, KRW 30 million was borrowed from the Plaintiff.

around that time, C and the defendant added the plaintiff to the joint lessee of the above lease agreement at the request of the plaintiff.

B. When the payment of rent for the instant commercial building was delayed, the Defendant filed a lawsuit against the Plaintiff and C as Seoul Northern District Court 2018Kadan103515, and the said lawsuit became final and conclusive on April 27, 2018.

The main contents of the above decision to recommend reconciliation are as follows:

C and the Plaintiff deliver the instant commercial building to the Defendant by June 13, 2018.

(See Paragraph 2). The defendant shall pay C and the plaintiff the remaining amount after deducting KRW 28.95 million from KRW 60 million.

(former part of Paragraph 3)

C. Meanwhile, as for C’s claim for the refund of lease deposit against C’s Defendant with the debtor and the Defendant as the third debtor, 4 cases of the seizure and collection order, and one case of provisional seizure of claim from January 31, 2017.

9. The attachment was served on the Defendant until 19.

(The sum of the claims for each of the above claims seizures or provisional seizures exceeds 60 million won as the lease deposit).

On June 15, 2018, the Defendant deposited KRW 31,050,00 as Seoul Northern District Court No. 2272, 2018, by designating the creditors of the seizure and collection order of each of the above claims and the provisional seizure of claims as the principal deposit in order to perform the obligations stipulated in the main sentence of paragraph (3) of the above matters of recommending reconciliation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff.

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