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(영문) 인천지방법원 2015.08.17 2014가합7779

전부금

Text

1. The Defendant Ctel management body: (a) KRW 27,518,11; and (b) from July 25, 2014 to August 17, 2015, to the Plaintiff.

Reasons

1. Under the underlying facts, the following facts do not conflict between the parties, or may be acknowledged by taking account of the overall purport of the pleadings as a whole in the entries in Gap evidence Nos. 1, 2, 3, 4, and evidence Nos. 14-1, 2, and 14-1.

On December 18, 2013, the Plaintiff’s Intervenor entered into a contract for the management of the officetel building with Defendant Ctel with the amount of 17,741,075 won (i.e., KRW 16,300,000, KRW 16,441,075) and entered into a contract for the management of the officetel building on a monthly basis, and has been performing the above building management services since that time.

B. On August 5, 2010, the Plaintiff’s Intervenor entered into a contract for D building management services with Nonparty KB real estate trust company by setting the monthly service amount to KRW 2,945 per square day. From around that time to February 28, 2014, the Plaintiff’s Intervenor had performed the said building management services.

The status of the KB Real Estate Trust Co., Ltd. in the above contract was succeeded by Defendant D as it is.

C. Meanwhile, on December 28, 2012, the Plaintiff lent KRW 200 million to the Plaintiff’s Intervenor, and on the same day, a notary public issued a promissory note with a face value of KRW 200 million from the Plaintiff’s Intervenor and completed the authentication by a law firm No. 673 (hereinafter “instant No. notarial deed”).

Then, based on the instant notarial deed, the Plaintiff applied for the attachment and assignment order of claims with the Incheon District Court 2014TTT14793, and received from the above court on May 16, 2014 the attachment and assignment order for KRW 70 million out of the claim for the contract for construction work under the building management service contract that the Plaintiff’s Intervenor had against the Defendant Ctel and the claim for the contract for construction work under the building management service contract that the Plaintiff had against the Defendant D (hereinafter “instant attachment and assignment order”).

On May 21, 2014, the instant attachment and assignment order was served on the Defendants respectively, and became final and conclusive on May 31, 2014.

2. Determination as to the claim against Defendant Ctel

(a) Judgment on the cause of the claim 1.