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(영문) 서울남부지방법원 2017.10.13 2017가단216619

추심금

Text

1. The Plaintiff:

A. Defendant B’s KRW 27,00,000 and interest rate of KRW 15% per annum from September 15, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 14, 2015, Defendant B entered into a contract with the owner of a building listed in the separate sheet (hereinafter “instant building”) for lease deposit of KRW 101,00,000, monthly rent of KRW 3,000,000, and the period from March 27, 2015 to March 26, 2017 (hereinafter “instant lease contract”). At that time, Defendant B paid the above lease deposit and received the said lease deposit to “E” with the trade name of “E”, and possessed and used the said lease contract after the expiration of the said period.

Defendant C leased from D the left-hand part of the second floor of the building of this case to KRW 30,00,000, monthly rent of KRW 1,500,000, and occupied and used it as “F Han-won.”

B. Based on the notarial deed No. 480, No. 2014 (hereinafter “notarial deed of this case”), the Plaintiff, a notary public, issued a collection order on November 2, 2016, on the basis of the notarial deed No. 480 (hereinafter “notarial deed of this case”). On November 2, 2016, the Seoul Southern District Court 2016TF District Court 207TTT 107293, and the Defendants are the third obligor. The Plaintiff was issued a seizure and collection order on the amount equal to 110,000,000 out of the above monthly rent claim held against Defendant B and the above monthly rent claim held against Defendant C, and was finalized around that time. The above seizure and collection order was served on the Defendants on November 4, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 2-1 to 3, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendants shall not pay the monthly rent to D from November 4, 2016 upon receipt of the above order of seizure and collection, and shall pay it to the Plaintiff as the collection authority. Thus, barring any special circumstance, Defendant B is the nine-yearly monthly rent due from November 4, 2016 to August 21, 2017.