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(영문) 광주지방법원 2015.11.13 2015가합252

추심금

Text

1. The Defendant’s KRW 154,675,863 as well as the Plaintiff’s KRW 20% per annum from January 24, 2015 to September 30, 2015.

Reasons

(c). c.

After receipt of the certificate of confirmation stated in the paragraph, C paid the Defendant the remainder of the deposit under the above sub-lease contract.

In addition, with respect to the above loan amount of KRW 300,000,000, C, a notary public has drawn up a notarial deed of money loan contract No. 84 of Seoul General Law Firm, 2013.

C. On January 8, 2013, the Defendant drafted to E a written confirmation accompanied by the Defendant’s certificate of personal seal impression as follows:

(b) Certificate (a summary)

2. On February 28, 2013, I have to pay C the balance payment date under the sub-lease B with C by February 28, 2013. However, C borrowed 300 million won to E and received 2.1 billion won of the remainder of the sub-lease deposit to E in subrogation of C, thereby receiving 2.1 billion won of the remainder of the sub-lease deposit. Accordingly, I have the capacity to confirm that 2.5 million won of the sub-lease deposit to be paid to sub-lessee C in the future is liable and paid to E with his/her seal impression.

* The validity of this certification is valid when E pays a gold of KRW 2.10 million to the principal. (b) The above confirmation on January 8, 2013: B Consenter (sub-lessee)

D. The sub-lease contract of this case terminated on January 6, 2015, and C above to the Defendant.

The pharmacy entered in the port was handed over.

E. The Plaintiff, with respect to C, has a claim for a loan of KRW 259,675,863 based on the authentic copy of an authentic deed of a monetary loan for consumption, which was executed by Law Firm Locom No. 250, 2013 (=interest of KRW 250,00,000, KRW 9,369,863, KRW 306,00).

F. On August 6, 2013, the Plaintiff received a seizure and collection order (Seoul Northern District Court 2013TT 14313; hereinafter “instant seizure and collection order”) regarding KRW 154,675,863 of the deposit refund claims based on the instant sub-lease contract against the Defendant based on the authentic deed of the said monetary loan loan contract, and the said seizure and collection order were served on the Defendant on August 8, 2013.