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(영문) 대구지방법원 2019.05.30 2018가단14875

추심금

Text

1. The Defendant shall pay to the Plaintiff KRW 33,377,569 and the interest rate of KRW 15% per annum from June 13, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. Nonparty C and the Defendant: (a) On April 7, 2014, the instant lease agreement between Nonparty C and the Defendant, Nonparty D apartment E (hereinafter referred to as “instant apartment”) owned by the Defendant from the Defendant in Busan-si, Busan-si, which was owned by the Defendant.

) A lease agreement under which deposit 70,000,000 won, term of lease is agreed for two years from May 23, 2014 to May 22, 2016 (hereinafter “instant lease agreement”).

(2) The term of the instant lease contract was extended to May 22, 2018 upon the expiration of the term of the contract, and the term of the contract was extended to May 22, 2018. (2) C paid all the deposit under the instant lease contract to the Defendant, a lessor.

3) Upon the commencement of the lease term under the instant lease agreement, C was delivered the instant apartment, and the resident registration was completed on May 23, 2014. B. The Plaintiff’s claim for the purchase price of goods against C and the instant claim seizure and collection order 1) the Plaintiff had a claim against C for the purchase price of goods, which was executed by a notary public, a debtor, on January 31, 2017 (No. 303) by a notary public, who was a debtor, obtained an executory deed (No. 2017) prepared by the F Law Firm on January 31, 2017.

2) The Plaintiff: (a) made the notarial deed as the title of execution; and (b) made the claim amount of KRW 33,377,569 (i.e., the principal amount of KRW 24,80,000 interest of KRW 8,221,369, KRW 356,200); (c) requested the Daegu District Court to seize and collect the right to claim the lease deposit held by the Defendant (third party debtor) under the instant lease agreement; (d) made a request for seizure and collection order; and (e) the said court accepted it on July 27, 2017. The said decision was served on the Defendant, who is the garnishee, and became final and conclusive as is (hereinafter the said final seizure and collection order is referred to as “the instant claim seizure and collection order”).

C. After the seizure and collection order of the instant apartment ownership transfer, the ownership transfer of the instant apartment.