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(영문) 서울중앙지방법원 2017.11.23 2017가합521923

추심금

Text

1. The Defendant’s KRW 681,029,540 among the Plaintiff and KRW 595,693,810 among them shall be from March 30, 2017 to April 6, 2017.

Reasons

1. Basic facts

A. A and the Defendant on December 24, 2014, on the lease relationship between A and the Defendant, etc. A and the Defendant: (a) Seongdong-gu Seoul Metropolitan Government Land B and its ground buildings owned by the Defendant (hereinafter “instant real estate”).

(A) As to the lease deposit, a real estate lease agreement providing for lease deposit amounting to KRW 1.355 billion and the term of lease from August 12, 2012 to August 12, 2015 (hereinafter “instant lease agreement”).

A) In concluding the instant lease agreement, in order to secure all obligations owed by A, such as the obligation to return the lease deposit, to the Defendant in connection with the instant lease agreement, KRW 1.35 billion deposit claims against A against the Defendant (Account Number C and due date on December 31, 2015; hereinafter “instant deposit claim”).

In addition to setting a pledge with a maximum debt amount of KRW 1.485 million, the termination of the instant lease agreement and the lease deposit under the instant lease agreement (hereinafter “lease deposit”) shall be deemed to have been created as to the relevant maximum debt amount.

Article 4 (Period of Lease Contract) (1) The term of the lease contract is from August 12, 2012 to August 12, 2015: Provided, That the term of the lease contract is from August 12, 2012 to August 12, 2015: Provided, That where Party A (A) and Party B (Defendant) fail to express separate intent by not later than six months before the expiration of the term of the lease contract, it shall be extended by one year under the same conditions as this contract.