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(영문) 서울중앙지방법원 2019.02.11 2018가단5150258

청구이의

Text

1. The Defendant’s compulsory execution against the Plaintiff is KRW 18,648,570, based on the payment order issued by the Seoul Central District Court 2017 tea 912108.

Reasons

1. Basic facts

A. The Plaintiff acquired the ownership of E (hereinafter “E”) and ownership of 133/500 shares in the aggregate building in Gangnam-gu Seoul and D (hereinafter “instant building”) and F (hereinafter “F”) on April 15, 2013, and thereafter operates a motor vehicle sales site after acquiring the ownership of G (hereinafter “G”) of the said building on November 6, 2013.

B. On December 29, 2017, the Defendant: (a) asserted that “the Plaintiff unpaid KRW 3,095,180, and KRW 37,830,630 of the management expenses from December 2012 to March 2016 and KRW 37,830,630 of the management expenses from December 1, 2012 to March 2017”; and (b) filed an application for the payment order claiming payment of the said money with the Plaintiff and H unpaid KRW 10,72,130 from December 2012 to May 2013.

C. On January 26, 2018, "the defendant (the plaintiff in this case) paid to the plaintiff (the plaintiff in this case) 40,925,810 won with 15% interest per annum from the day following the service of the original copy of the payment order in this case to the day of complete payment." The payment order (the "one payment order" hereinafter) and "the defendant (the plaintiff in this case) jointly and severally paid to the plaintiff (the plaintiff in this case) 10,722,130 won with 15% interest per annum from the day following the service of the original copy of the payment order in this case until the day of full payment." The payment order (the Seoul Central District Court 2017 tea91210, 2010, 2000 won and 15% interest per annum from the day of service of the original copy of the payment order in this case was delivered to the plaintiff within the above period of objection 2018.3.41.

On the other hand, on January 7, 2016, the Defendant rendered a short-term measure against F and G on the ground that management expenses were unpaid (hereinafter “instant short-term measure”), and the Plaintiff filed an application for temporary injunction (Seoul Central District Court 2016Kahap148).