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(영문) 서울중앙지방법원 2017.10.24 2017가단31058

추심금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that holds a claim for the price of goods against B Co., Ltd. (hereinafter “B”).

On June 26, 2014, the Defendant, as the owner of the Gangnam-gu Seoul building site and its ground buildings, entered into a lease agreement with the owner of the entire first floor of the building (hereinafter referred to as “instant building”) with the amount of KRW 200,000,000,000 from July 21, 2014 to July 20, 2016, and received the deposit of KRW 200,000,000 from the said owner.

B. On June 29, 2016, the Plaintiff received a provisional attachment order with the Seoul Central District Court 2016Kadan1006 on the claim for the refund of the lease deposit of this case on the ground of B’s claim for the purchase price of goods against B, and the said decision was served on the Defendant, who is the garnishee, on July 31, 2016.

As to B, the Plaintiff applied for a payment order as the same court No. 2016 tea4546, and it was finalized on November 15, 2016.

C. On March 27, 2017, the Plaintiff received the order of seizure and collection, where the original of the above payment order was transferred to the provisional seizure of the above claim under the same court 2016TT22151 as the title of execution, and the said order was served on the Defendant, who is the garnishee, as the title of execution.

At the time of the closing of the instant case, B removed from the instant building.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-2, Gap evidence 3-7, Gap evidence 9-1-8, Eul evidence 1-1-8, the purport of the whole pleadings and arguments

2. Assertion and determination

A. The plaintiff asserts that the plaintiff claimed the payment of the collection amount according to the collection order of this case and the damages for delay thereof against the defendant, and the defendant asserted that the defendant extinguished the plaintiff's claim for the collection amount against the defendant as the plaintiff's claim for the remainder of the lease deposit after deducting the overdue rent, etc. from the overdue rent, etc. after Gap delivered the building of this case.

B. In determining one real estate lease, the lessee.