beta
(영문) 서울중앙지방법원 2016.02.17 2014가합62874

추심금

Text

1. The Defendant: (a) KRW 300,000,000 for the Plaintiff and KRW 20% per annum from April 18, 2015 to September 30, 2015; and (b) October 1, 2015 for the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 6, 2013, the Defendant: (a) leased the lease deposit amount of KRW 300 million; (b) the lease deposit amount of KRW 60 million from June 20, 2013 to June 19, 2015; (c) the monthly rent of KRW 5 million (excluding value-added tax); and (d) the monthly rent of KRW 60 million (excluding value-added tax) and the monthly rent of KRW 5 million (hereinafter “instant lease agreement”); and (e) around June 20, 2013, the Defendant began to operate the entertainment tavern after delivery of the building of this case.

B. The Plaintiff’s seizure and collection order (hereinafter “instant seizure collection order”) issued by a notary public between B and B based on the executory exemplification of notarial deed No. 4184, May 9, 2014, the Seoul Central District Court No. 2014, No. 2014, No. 13245, and B, based on the instant lease agreement, issued a seizure collection order (hereinafter “instant seizure collection order”) with the limit of KRW 300,000,000, with the limit of KRW 300,000,000. The instant seizure collection order was served on the Defendant on May 15, 2014.

C. Meanwhile, on the other hand, the instant real estate was sold, and on the other hand, on August 28, 2013 and October 25, 2013, the Seoul Central District Court (Seoul Central District Court, E, and F) filed an application for voluntary auction based on the respective collateral security rights and filed an application for voluntary auction. On October 2, 2014, the instant real estate was sold to the Non-Party Daelim A&S Co., Ltd. during the said voluntary auction procedure.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 3 through 5, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant has the right to collect the amount of money until it reaches the amount of KRW 300 million out of the rent claim against the above defendant under the instant lease agreement, except in extenuating circumstances.