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(영문) 서울동부지방법원 2016.12.09 2016가단107883

전부금

Text

1. The Defendant’s KRW 40,600,000 as well as 5% per annum from February 23, 2016 to December 9, 2016 to the Plaintiff.

Reasons

Facts of recognition

On September 4, 2013, L&Sethyl Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) concluded a lease agreement with the Defendant on September 4, 2013, with the Defendant, the Nonparty Co., Ltd. concluded a lease agreement between the Defendant and the Defendant by setting forth the period between the Nonparty Co., Ltd. and the period from November 1, 2013 to October 31, 2015, the first floor and the third floor office building on the ground of the general steel structure of the above land and the general steel structure of the above land (hereinafter the above land and buildings collectively referred to as “instant real estate”), the lease deposit amount of KRW 10 million, the monthly rent of KRW 31,50,00 (excluding the first day of each month, the value-added tax), and the lease period of the instant real estate from November 1, 2013 to October 31, 2015.

No. 172 of 2015, the non-party company confirmed that a notary public bears the obligation to pay interest at the rate of KRW 470 million and 2% per annum to the plaintiff according to the agreement dated May 30, 2015, and that the non-party company bears the obligation to pay the plaintiff interest at the rate of KRW 470 million and 470 million per annum. The non-party company prepared a notarial deed of debt repayment contract with the content of accepting compulsory execution for the above obligation and issued it to the plaintiff.

On December 7, 2015, the Plaintiff, with the title of execution, was issued a claim amounting to KRW 100 million among the monthly rent bonds against the Defendant of the non-party company (hereinafter “instant assignment order”) with the amount claimed as KRW 100 million as Seosan Branch of Daejeon District Court 2015TTTB, Seosan Branch 6622, and the said attachment and assignment order was served on the Defendant on December 10, 2015, and on January 8, 2016, the said attachment and assignment order was finalized on January 16, 2016.

The non-party company filed a lawsuit against the defendant to seek the delivery of the instant real estate as Seosan Branch of Daejeon District Court 2014Ga200142. The defendant filed a counterclaim for the claim of damages with the same court 2014Gahap2000852. On December 19, 2014, the defendant and the non-party company filed a counterclaim for the claim of damages on December 19, 2014.