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(영문) 서울중앙지방법원 2015.07.16 2014가합57520

공탁금출급청구권

Text

1. 35,004,000 won deposited by the Seoul Central District Court No. 18956, August 25, 2014; and 35,000 won deposited by C on September 29, 2014.

Reasons

1. Facts of premise;

A. A. On March 16, 2007, the Plaintiff, including the judgment on the termination and confirmation of the lease contract for the post-rupture, decided to lease the post-rupture to the Defendant, and supplied the Defendant with a total of 9,350 copies of the post-rupture by March 2009, and the Defendant sub-leaseed the post-rupture to C (hereinafter “C”) with the consent of the Plaintiff, and C used the pre-rupture to install the post-rupturer in the re-rupture store and receive the fee.

After that, the Plaintiff, without the Plaintiff’s consent, filed a lawsuit against the Defendant and C seeking the return of unjust enrichment equivalent to the rent from the time of delivery and delivery, on the grounds that the Defendant sold the part of the Hydon to the chain store.

In the foregoing case, on July 25, 2012, the Ji Government District Court Goyang Branch (201, 1095) rendered a judgment that "the Defendant and C received KRW 252,763,769 (lease deposit) from the Plaintiff, and the Defendant delivered 8,751 (the head of 8,164 installed in a marina, etc., Incheon, and Chapter 587 being kept in a washing pool in Daegu, and hereinafter "the instant pen") to the Plaintiff, and the judgment that "on June 1, 2012, the amount of money shall be paid at the rate of KRW 35,004,00,000 from the date the delivery of the instant pen is completed (hereinafter "the judgment of this case") was finalized at that time."

B. As to the post-management of the instant judgment, the Plaintiff, Defendant, and D agree as follows with respect to the post-management of the instant judgment.

1. The defendant

A. No objection is raised against the Plaintiff’s compulsory execution against C of the instant pen according to the instant judgment.

B. The above A.

If documents in the name of the defendant are required for compulsory execution under paragraph (1), they shall cooperate in the preparation thereof.

2. The plaintiff does not apply for compulsory execution to the execution officer within seven days from the date of the preparation of this Agreement.