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(영문) 서울중앙지방법원 2018.06.07 2016가합574012

추심금

Text

1. Upon the conjunctive claim, the Defendant: (a) KRW 275,000,000 for the Plaintiff; and (b) from June 30, 2017 to June 7, 2018, for the Plaintiff.

Reasons

Basic Facts

The following facts are not disputed between the parties, or may be admitted by considering the whole purport of the pleadings in each entry in Gap evidence (including each number, if any, hereinafter the same shall apply) and Eul evidence 3 to 7:

On November 6, 2013, the Plaintiff filed a lawsuit against Nonparty C with this Court 201Gahap90349, and sentenced “C shall pay the Plaintiff 298,000,000 won and interest thereon at the rate of 5% per annum from November 6, 2012 to November 6, 2013, and 20% per annum from the next day to the date of full payment.” Accordingly, C appealed appealed appealed as Seoul High Court 2013Na2029248, but dismissed on July 16, 2014.

B. On November 22, 2011, C: (a) the Defendant leased 833.35 square meters (hereinafter “instant store”) out of the five floors of the building located in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant building”); (b) up to December 10, 2013, the lease deposit amount of KRW 320 million; and (c) monthly rent of KRW 16.5 million (excluding value-added tax); and (d) the Defendant paid KRW 320 million to C pursuant to the said contract.

On March 23, 2012, the Defendant completed the registration of the establishment of chonsegwon of KRW 320 million on the fifth floor of the instant building.

(hereinafter referred to as “registration of creation of chonsegwon”). C.

On October 22, 2013, the Defendant notified C of the termination of the instant lease agreement as the contract term under the instant lease agreement terminates on December 10, 2013. On October 29, 2013, C also notified C of the Defendant that he/she would make every effort to return the lease deposit by December 10, 2013 on the premise that C would consent to the termination of the instant lease agreement, and that it reached the Defendant around that time.

On November 20, 2011, the Plaintiff borrowed a loan from C as security for an apartment owned by the Plaintiff. < Amended by Presidential Decree No. 23590, Dec. 2, 2012>