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(영문) 서울서부지방법원 2016.02.17 2015가합31834

추심금

Text

1. The Plaintiff:

A. Defendant A’s KRW 115,548,387 as well as 5% per annum from January 1, 2016 to February 17, 2016.

Reasons

1. Facts of recognition;

A. On May 20, 2014, based on the authentic copy of a promissory note with executory power over C (No. 190 of the 2012 deed issued by a notary public, a notary public) the Plaintiff received a seizure and collection order (No. 2014 another 1728, hereinafter “the collection order of this case”) with respect to the rent claim based on each lease agreement stated in the separate sheet against the Defendants of C (hereinafter “Defendant MF design”).

Amount of claim for the indication of credit to be seized and collected: monthly rent of KRW 250,000 for No. 250,000 for the monthly rent of KRW 250,000 for No. 1 A-250,000 for the items of credit to be seized and collected by the Defendant at KRW 1,50,000 for KRW 1,50,000 for the items of credit to be collected and the monthly rent of KRW 200,000 for the items of D D D (b) for the amount of KRW 250,000 for KRW 20,000 for Mapo-gu Seoul E and 102,00,000 for KRW 20,000 for the monthly rent of KRW 4,00 for the items of credit to be collected and the amount to be collected by the Defendant at the left-hand 2, Seoul E, and the monthly rent of KRW 50,000 for the items of credit to be collected.

B. The instant collection order was served on May 23, 2014 with respect to Defendant A, B, and MF design, and on May 24, 2014 with respect to Defendant Mama-dong Council, respectively.

C. The Defendants are using the leased object in accordance with each lease agreement stated in the separate sheet until now.

[Ground of recognition] Facts without dispute, Gap 1, 5, 17, 23 through 25, Eul 1-1, 2-2, 4 and 5, and the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition, barring any special circumstance, the Defendants, as the collection obligee, committed each of the following charges (as to Defendant A, B, and MF design, from May 24, 2014 to May 25, 2014, and from May 25, 2014 to December 31, 2015) from the date following each of the collection orders issued to the Defendants, as the Plaintiff, as the collection obligee, upon the request of the Plaintiff (the collection obligee), respectively (as to Defendant A, B, and MF design, from May 25, 2014) and delay damages therefrom.