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(영문) 서울중앙지방법원 2019.08.16 2018나75100
추심금
Text

1. Of the judgment of the court of first instance, KRW 26,300,000 against the Plaintiff and its related thereto from March 21, 2018 to August 16, 2019.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, except for the case’s use of 3-14 to 4-4 pages of the judgment of the court of first instance as follows, and thus, it is consistent with the reasoning of the judgment of the court of first instance. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

“A. The Defendant asserting the termination of the instant lease agreement, as the instant lease agreement was terminated on July 13, 2018, asserts that there is no obligation to pay rent thereafter. Even if the provisional attachment, seizure and collection order was executed with respect to the claim, the obligor or the third obligor may terminate the basic contractual relationship itself, and as long as the basic contractual relationship between the obligor and the third obligor is terminated, the claim arising out of the contract is extinguished, so the seizure order against this is also invalidated (see, e.g., Supreme Court Decision 2003Da29456, Jan. 26, 2006; 4, 5, and 7, respectively, the Defendant, under an agreement with D on July 13, 2018, may be recognized to have terminated the instant lease agreement and removed from the instant commercial building until July 15, 2018, and the said lease agreement was terminated from the expiration date to the expiration date of 2010 to the expiration date of 12, 2018.

Therefore, the defendant's above assertion is justified.

B. The defendant asserts that the set-off or deduction of the lease deposit is set-off or deducted with the right to claim the refund of the lease deposit, since the lease contract of this case was terminated.

The security deposit received in the lease of real estate shall be the obligation to guarantee all the obligations of the lessee under the lease, such as the lease obligation, the obligation to compensate for the damage incurred by the loss, damage, etc. of the object, and the amount equivalent to the secured obligation.

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