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(영문) 대전지방법원천안지원 2016.04.21 2015가단19984
청구이의
Text

1. The defendant's assignment of the security deposit against the plaintiff to Daejeon District Court Branch of the Daejeon District Court on November 18, 2005 shall be refunded by the defendant's return of the security deposit to the plaintiff.

Reasons

1. Basic facts

A. On December 4, 2001, the Defendant entered into a lease agreement with the Plaintiff, setting the lease deposit deposit amount of KRW 50,000,000, monthly rent of KRW 500,000, and the lease term of December 4, 2001 to December 4, 2003 (hereinafter “instant lease agreement”).

B. After that, the shopping district of this case received dividends of KRW 1,94,540, and KRW 84,186,804, respectively, from a person holding a right to collateral security, in the procedure of distributing dividends of KRW 86,131,344 out of the proceeds of sale to the Daejeon District Court D on April 24, 2004, after the voluntary auction procedure was initiated with a branch court of the Daejeon District Court D on June 30, 2005, and the Defendant did not receive dividends at all at all in the above auction procedure.

C. Accordingly, on February 7, 2004, the plaintiff and his husband E agreed to return 44,00,000 won after deducting 6,000,000 won from 50,000 won in arrears from her husband E, until May 31, 2004. On August 10, 2005, the plaintiff and E filed a lawsuit claiming a refund of the deposit for lease deposit against the plaintiff and E as the Daejeon District Court Branch Branch 2005Kadan18098 on August 10, 2005, and on November 18, 2005, the plaintiff and E did not submit any written response even after receiving a copy of the complaint, and they did not jointly and severally pay to the defendant the amount of 44,00,000 won in arrears and the amount of 12,000 won in arrears from January 1, 200 to September 23, 2005.

On the other hand, on February 13, 2013, the Plaintiff filed each application for bankruptcy with Seoul Central District Court Decision 2013Hadan1380, and 2013Ma1380, respectively. After having been declared bankrupt by the above court, the Plaintiff filed each application for immunity with the above court.

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