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(영문) 광주지방법원 2019.06.14 2018가단540686

추심금

Text

1. The Defendant’s KRW 23,00,000 as well as the Plaintiff’s annual rate of KRW 5% from March 11, 2019 to June 14, 2019.

Reasons

1. Basic facts

A. On March 10, 2017, C entered into a contract with the Defendant, who is his father, to lease No. 5, and No. 1,000,000, monthly rent of KRW 1,000 (pre-paid on October 10, 2017) to the Defendant for lease deposit money of KRW 70,00,00,000 (hereinafter “instant real estate”). Around March 10, 201, C obtained a fixed date as of May 25, 2017.

(hereinafter referred to as the “instant lease contract”). B.

On October 26, 2018, the Plaintiff received a seizure and collection order for KRW 35,120,582 out of the amount to be continuously deposited until it reaches the monthly rent and claim amount received by C under the instant lease agreement from the Defendant under the lease agreement, and the amount to be deposited each month during the lease period.

(hereinafter referred to as “the instant seizure and collection order,” C.

On March 27, 2017, the Defendant opened and operated a restaurant called “G” on the instant real estate, and closed the business on March 11, 2019, and only paid C with monthly rent of KRW 1,00,000 on July 4, 2017 under the instant lease agreement until the closure of the business.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2, Eul evidence 1-1, the purport of the whole pleadings

2. According to the above facts of determination, the defendant paid 23,00,000 won [24,000,000 won (=1,000,000 won) x 24 months from March 10, 2017, which is the date the contract of this case was concluded x 24 months from March 11, 2019, when the defendant closed down a restaurant operated on the real estate of this case x 1,000,000 won, which was paid by the defendant to C on July 4, 2017 - The records of subparagraph 5 submitted by the defendant as to the above 1,00,000 won, which were paid by the defendant to C on August 28, 2017, as well as the above records of subparagraph 5, which are acknowledged to have been paid by the defendant to C on August 10, 200, 1000 won on August 10, 1000, 1010