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(영문) 부산지방법원 2020.01.31 2019나51888
추심금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended by this court is dismissed.

3...

Reasons

1. Basic facts

A. On July 4, 2014, the Plaintiff filed a lawsuit against D for the payment of construction price claim under the Jinwon District Court Jinwon Branch Decision 2014Da31246, and received a judgment on “the construction price of KRW 35.3 million and the damages for delay thereon” on July 4, 2014, which became final and conclusive as it is.

B. Around December 2012, D entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants on a monthly rent of KRW 600,000,000,000,000,000,000, and the lease period from December 30, 2012 to December 31, 2014 (hereinafter “instant lease agreement”).

After that, the term of the instant lease agreement was renewed by January 1, 2019.

C. The plaintiff is the above A.

On January 6, 2016, the final claim stated in the port was filed with Busan District Court 2016TT 4, which issued a seizure and collection order for the instant lease deposit claim amounting to KRW 20 million against the Defendants. The above order was served on the Defendants around that time.

The Defendants notified the Plaintiff of the deduction of the sum of KRW 3.5 million in arrears, which occurred from KRW 20 million to January 1, 2019, and KRW 3.5 million in arrears, including KRW 3.5 million in arrears, and KRW 5 million in removal expenses, and paid KRW 16 million in total to the Plaintiff on February 11, 2019, KRW 600,000 on February 12, 2019, KRW 16 million in total.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 5, and 8, the purport of the whole pleadings

2. The Plaintiff’s alleged Defendants paid only the remainder after deducting KRW 3.5 million from the deposit the remainder of the overdue rent of D and KRW 500,000,000 for the removal of the instant commercial signboards, etc., but D paid a total of KRW 3 million to the Defendants four times after March 6, 2019. Since D continued to run a business in the instant commercial building without removing signboards, etc., it should not be deducted from the deposit amount as the sum of KRW 3.5 million for the rent of KRW 3 million paid by D and the removal cost of KRW 5 million.

Therefore, the defendants are individually 1750,000 won to the plaintiff.

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