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(영문) 서울중앙지방법원 2016.07.14 2016가단6925

추심금

Text

1. The Defendant shall pay to the Plaintiff KRW 87,291,920 as well as 15% per annum from February 4, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff, as Seoul Central District Court Decision 2015TTT 29132, filed an application for a seizure and collection order with the Defendant, the third obligor, the amount of the claim, and the seized claim with the Defendant based on the notarial deed No. 1234, 2014, which was issued by a notary public, as the Seoul Central District Court (Seoul Central District Court Decision 2015TTT), stating that “The portion of the claims against the Defendant, out of the claims against the lease deposit amount due to the termination of the lease contract No. 136, Dong 2001, Seoul Seocho-gu, Seoul High Court (Lease E, lessee C) against the Defendant, until it reaches the above claim amount,” and the said decision was served on the Defendant on January 6, 2016.

B. Meanwhile, around May 8, 2015, the Defendant, the mother of C, received 87,291,920 won, on behalf of the said lessor, from the said lessor, as the deposit for lease upon termination of the said lease agreement.

[Ground of recognition] The statements Nos. 1, 2, and 3, and the result of the inquiry about F by this Court

2. Determination

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the amount of the lease deposit collected by the Defendant at the rate of 15% per annum from February 4, 2016 to the day of full payment, as requested by the Plaintiff, to the day following the day of delivery of a copy of the complaint.

B. As to the Defendant’s assertion, the Defendant: (a) the details of loan claims against ASEAN: KRW 50 million on April 25, 2014; and (b) the same year.

5. 10. 20 million won, around the end of November of the same year, and around 40 million won, and C’s son and woman G, who is one of his care, have a claim for past and future child support, support fees to H, who is one of his husband and her husband, with no means of living. Accordingly, the Defendant’s claim that offsets the above seized claims against the above seized claims would remain only the amount that the Defendant would have to receive from C, and thus, the Defendant does not have the obligation to pay the above leased claims with the amount collected by C to the Plaintiff.

However, the above offset can be set up against the plaintiff who is the execution creditor.