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(영문) 의정부지방법원고양지원 2017.09.15 2016가단84760

추심금

Text

1. The Defendant’s KRW 12,048,974 as well as 5% per annum from January 20, 2017 to September 15, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On October 31, 2013, the Plaintiff leased Nos. 505, 509, and 510 (hereinafter “instant commercial building”) of the Yongsan-gu Seoul Special Metropolitan City (hereinafter “instant commercial building”) from the Defendant during the lease period of KRW 100,000,000, monthly rent of KRW 6,000 (excluding value-added tax, and payment after the 30th day of each month) and the contract period of the instant commercial building from October 31, 2013 to August 31, 2015, and operated a massage place in the instant commercial building.

B. On July 4, 2014, the Plaintiff transferred D the rights and obligations under the said lease agreement to D in KRW 280,000,000 with the Defendant’s consent, and D thereafter operated a massage place in the instant building.

C. On July 16, 2015, the Plaintiff received a seizure and collection order against D’s claim against D’s claim for a loan of KRW 280,000,000 out of KRW 280,000,000, based on the Notarial Deed of Money Loan Agreement (No. 353) signed by a notary public, which was signed by a law firm Ilsan, as a notary public on July 16, 2015. The original copy of the said decision was served on the Defendant, who is the garnishee, on July 22, 2015.

After that, around February 26, 2016, D transferred to E the rights and obligations under the above lease agreement in KRW 230,000,000 with the consent of the defendant. By March 7, 2016, D operated a massage place in the instant commercial building and transferred it to E.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, witness D's testimony, purport of whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, since D and the Defendant’s lease agreement was terminated on or around March 7, 2016, the Defendant is obligated to pay KRW 100,000,000 to the Plaintiff, who is the person holding the right to collect lease deposit claims, and delay damages therefrom, barring any special circumstance.

B. The Defendant’s assertion as to the Defendant’s assertion 1. The Defendant’s allegation is that: (a) overdue rent of KRW 100,00,000,00 for the return of the above lease deposit; (b) delay damages of KRW 9,308,251; (c) unpaid management expenses; and (d) unpaid management