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(영문) 광주고등법원 2012.11.28 2012나1558

전부금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff succeeding intervenor's claims against the defendants are all dismissed.

3...

Reasons

1. Facts of recognition;

A. A. In around 197, the Defendants concluded a lease agreement with Japan Construction Co., Ltd. and the Defendants (1) on each of the above real estate (hereinafter collectively referred to as the “each of the above real estate”), setting the lease deposit for each of the lease deposit with one household (Defendant V: 201, 907, 203, 1311, 203, 203, 1403, 203, 1405, 203, 203, and 1405, and hereinafter collectively referred to as the “each of the above real estate”).

(2) The above lease agreement was explicitly renewed from June 1997 to December 2008, and the Defendants continued to reside in the pertinent leased household. However, the new construction was not due to the default of payment from February 1998.

B. On July 31, 1996, the National Bank Co., Ltd. (1) loaned KRW 600 million to the New Construction at an annual interest rate of 19% on July 31, 1996. On November 4, 2004, the Plaintiff Solomon Savings Bank (hereinafter “Plaintiff Solomon Savings Bank”) transferred its claim against KRW 846,312,996 to the Plaintiff Solomon Savings Bank.

(2) On September 7, 2005, the plaintiff Solomon Savings Bank filed a lawsuit against the new construction (Seoul Central District Court 2005Gahap10758) against the plaintiff Solomon Savings Bank and sentenced the plaintiff Solomon Savings Bank to pay the plaintiff Solomon Savings Bank KRW 846,312,96 and the delay damages therefor. Upon the above judgment became final and conclusive, the plaintiff Solomon Savings Bank was the debtor on October 2, 2008, and the defendant was the third debtor on the third debtor on the claim attachment and collection order (Seoul Central District Court 2008Gal 130455) against each of the claims against the defendants.

(3) On November 21, 2008, the Plaintiff Solomon Savings Bank shall have the debtor, Defendant V, AD, and K as the garnishee on the new construction again on November 21, 2008, and shall have the third debtor, each of the rent bonds against the said Defendants, seized the claim amounting to KRW 13,712,755.