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1. The Defendant’s KRW 92,00,000 and KRW 30,000 among the Plaintiff’s KRW 5% per annum from July 8, 2016 to February 14, 2017.
Reasons
1. Facts of recognition;
A. In around 2007, the Defendant leased the lease deposit amount of KRW 36,200,000 to the Suwon-si D Ground Housing (hereinafter “instant Housing”).
B. On June 30, 2014, the Defendant leased from Suwon-si E Commercial Building (hereinafter “instant commercial building”) as the lease deposit amount of KRW 80,000,000,000, monthly rent of KRW 1,800,000 (payment on the last day of each month) and the lease term of KRW 24 months from June 30, 2014.
C. On December 15, 2014, the Plaintiff was issued a decision on provisional seizure of claims against the “the claim for return of KRW 115,000,000 (house KRW 35,000,000, commercial building KRW 80,000) paid by the C to the Defendant when leasing the instant housing and commercial buildings from the Defendant” (hereinafter “the provisional seizure decision of this case”). The provisional seizure decision of this case was sent to the Defendant on December 17, 2014.
On May 19, 2016, the Plaintiff received a seizure and collection order (hereinafter “the collection order of this case”) from the Suwon District Court 2016T to the Defendant on May 24, 2016, by designating an executory exemplification of the judgment in the loan case 2014Da72305 as the title of execution with respect to the claim to return the deposit for lease deposit as the title of execution. The instant collection order was served on the Defendant on May 24, 2016.
E. On the other hand, around July 28, 2015, the Defendant leased part of the instant housing to F in KRW 30,000,000, and as to C in the instant housing, the lease agreement was maintained by leasing the room in which C’s residence among the instant housing in KRW 10,000,000 to F. However, the Defendant, C and F agreed that C’s payment of KRW 30,00,000, out of the deposit for the instant housing in which C and C paid to the Defendant in the past, shall be deemed to have paid the Defendant as the deposit.
F had resided in the instant housing from August 1, 2015.
Grounds for recognition: Facts without dispute, Gap's 1 to 1.