(영문) 대전지방법원 2016.10.28 2016나3612 | 리걸엔진

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(영문) 대전지방법원 2016.10.28 2016나3612

추심금

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On April 12, 2011, the Plaintiff leased 51 square meters of the fourth floor office (hereinafter “instant building”) from the Defendant in Daejeon-gu, Daejeon-gu, as KRW 30,000,000, monthly rent of KRW 300,000, respectively, for the lease term of three years, lease deposit money of KRW 300,000. On April 12, 2012, the said lease was terminated under an agreement with the Defendant, and the said lease deposit was returned by the Defendant on the same day.

B. On April 17, 2012, D entered into a lease agreement with the Defendant to lease the instant building from April 17, 2012 to April 16, 2014, with the term of lease from the Defendant to April 16, 2014, and KRW 30,000, monthly rent of KRW 500,00 (value-added tax of KRW 50,000, monthly rent of KRW 500,000, monthly rent of KRW 550,000, monthly rent of KRW 550,000, the management fee shall be paid as determined by the Defendant according to the number of years of rent and store, etc. (hereinafter “the instant lease agreement”, and the said lease deposit is referred to as “the instant lease deposit”), and the Defendant paid the lease deposit of this case to the Defendant.

C. On April 11, 2013, the Plaintiff filed a lawsuit against D with Daejeon District Court 2013Kadan14320, which decided to recommend settlement that “D shall pay KRW 30,000,000 to the Plaintiff” on July 19, 2013, and the decision became final and conclusive on August 23, 2013.

Based on the decision of recommending settlement with the executory power of the foregoing case, the Plaintiff applied for a seizure and collection order as to “the amount from D to KRW 30,075,300, out of the claim claiming the return of commercial lease deposit, which would be refunded from the Defendant due to the termination, termination, etc. of the lease contract by leasing the instant building from the Defendant” under the above court 2015TT 2383, based on the said decision of recommending settlement with the executory power of the foregoing case, and received the ruling of citing February 16, 2015, and served the Defendant on February 17,

E. The defendant

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