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(영문) 인천지방법원 2016.07.20 2016가단208548

추심금

Text

1. The Defendant’s KRW 30,011,290 as well as 5% per annum from May 11, 2016 to June 13, 2016 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 3, and 5 (including the branch numbers if there are serial numbers).

On May 10, 2011, the Defendant leased each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) to B from May 10, 201 to May 24, 201, the deposit amount of KRW 50 million and the contract period of the lease from May 25, 201 to May 24, 2013.

B. On May 9, 2013, the Plaintiff filed a lawsuit against B against the Incheon District Court Decision 2012Ga10653, and rendered a judgment that “B shall pay to the Plaintiff 28,614,286 won and 9% interest per annum from December 4, 2012 to the date of full payment.” The said judgment became final and conclusive on May 31, 2013.

C. On June 25, 2015, the Plaintiff received a provisional seizure and collection order against B, as the Incheon District Court 2013TTTT 2013TT 19870, regarding the claim for return of the above lease deposit against B, 30,011,290 among the claims for return of the lease deposit against B, and the said order was served on the Defendant on June 27, 2013.

B delivered the instant real estate to the Defendant on May 10, 2016.

2. According to the above facts finding as to the cause of the claim, since the above lease contract has expired due to the expiration of the validity, the Defendant, a lessor, is obligated to pay the Plaintiff, a collection right holder of the above lease deposit, the amount of 30,011,290, which is the claim amount of the seizure and collection order of this case among the lease deposit, and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from May 11, 2016, the day following the date when B delivered the instant real estate to the Defendant, until June 13, 2016, which is the day when B delivered the application for change in the purport of the claim and the cause of the claim, to the Defendant, from June 13, 2016, and from the next day until the day of full payment.

3. The defendant's defense is determined as to 50 million won from B.