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(영문) 춘천지방법원원주지원 2014.10.30 2014가단33283

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. On January 22, 2005, the Defendant leased the lease deposit amount of KRW 100,000,000, monthly rent of KRW 1,500,000 (However, to increase the rate of KRW 10% every two years), from April 1, 2005 to March 31, 2015 (hereinafter “the lease of this case”). The Defendant leased the building, one building, and one building for the ground storage (hereinafter “the building of this case”) to the Samsung T&E (hereinafter “the building of this case”).

B. From September 201, Nonparty Company did not pay the remainder, excluding the difference between September 201 and April 2012.

C. The Defendant asserted against the non-party company that the lease of this case was terminated on the ground of the delinquency in rent, and filed a lawsuit claiming the surrender of building name with this Court Order 2012 Ghana9835, and the complaint was served on the non-party company around August 24, 2012.

The Defendant received a favorable judgment from this Court on February 15, 2013 in the foregoing case, and the above judgment became final and conclusive after the dismissal of appeal on October 11, 2013 and the dismissal of appeal on February 3, 2014.

After the above judgment became final and conclusive, the non-party company delivered the building of this case to the defendant on April 2014.

On December 1, 2008, the Defendant completed the registration of the establishment of a mortgage over the instant building, etc. in order to secure the debt of KRW 70,000,000 against the non-party company's original Saemaul Savings Depository, which became the non-party company. On November 24, 2012, the Defendant paid KRW 73,989,116 to the non-party bank on December 24, 2012.

E. On November 26, 2012, the Plaintiff issued a provisional attachment order of KRW 60,000,000, out of the lease deposit of this case against the Defendant of the non-party company (hereinafter “instant provisional attachment order”). The instant provisional attachment order was served on the Defendant on November 28, 2012.

On March 19, 2014, the Plaintiff filed a claim for reimbursement (No. 2013da88466) with the non-party company.