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(영문) 청주지방법원 2016.11.09 2016가단101174

추심금

Text

1. The Defendant’s KRW 23,644,238 as well as 5% per annum from March 12, 2016 to November 9, 2016 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. On March 17, 2014, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the non-party company, setting the lease deposit deposit amount of KRW 50 million from March 27, 2014 to March 16, 2016, setting the lease period of KRW 4 million from March 27, 2014, which is the representative of Non-Party C Co., Ltd. (former Trade Name: D; hereinafter “Non-Party Company”) and part of the three-story of the three-story building on the ground of the Cheongju-si, considerable area of Cheongju-si, Seoul Special Metropolitan City (hereinafter “Non-Party Company”).

Around that time, the Defendant paid 5,000 won the lease deposit to Nonparty Company and occupied the leased object by the delivery until July 14, 2016, and operated the driving range.

B. On February 16, 2015, the Plaintiff, based on an executory exemplification of a notarial deed issued on February 16, 2015, issued a claim seizure and collection order to the non-party company as the debtor and the defendant as the third party obligor, with respect to KRW 70 million among the rent claims held by the non-party company against the defendant under the instant lease agreement. The above order was served on the defendant on February 24, 2015.

【In light of the fact that there exists no dispute, Gap’s evidence Nos. 1 through 3, Eul evidence Nos. 3, and the purport of the entire pleadings, the defendant is obligated to pay the plaintiff, a collection right holder, the total amount of KRW 1,257,142 equivalent to the amount of eight days during February 24, 2015 (=4,400,000 x 8/28, but less than KRW 8/28, and less than KRW 16 months from March 2015 to June 2016 (=4,40,000 x 16) and the total amount of KRW 1,257,142 equivalent to the amount of eight days during July 14, 2016 (=30,40,000 x 16) x 304,304,401, and delay damages) x 70,404,304

2. Judgment on the defendant's defense

A. The Defendant, on April 7, 2014, entered into a new lease agreement with the golf practice range immediately preceding Nonparty Co., Ltd., and entered into the instant lease agreement with the Nonparty Company.