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(영문) 울산지방법원 2014.07.18 2013가단37622

추심금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 19, 201, the Plaintiff lent KRW 30,000,00 to C on a due date as of February 18, 2012, and on the same day, a notary public entered the said lending in the content of No. 441 of the No. 441 of the Legal Court’s original rate as of February 18, 201.

B. On May 10, 201, C entered into a contract with the Defendant to lease the first floor among the three-story buildings located in Ulsan-gu, Ulsan-gu, Seoul-do, and the third floor located in one parcel, with a deposit of KRW 120,000,000, monthly rent of KRW 3,000,000, and the lease term of KRW 10,000,000, from May 10, 201 to May 9, 2014, and around that time, C operated the said first floor by delivery.

C. The Plaintiff filed an application with the Ulsan District Court for the seizure and collection order (hereinafter “instant collection order”) regarding the claim for lease deposit amounting to KRW 120,500,000 against C with the claim amounting to KRW 34,00,000 (principal KRW 30,000,500, interest KRW 4,500,000), which was due to the repayment of C’s loan, as the claim amount, as the Ulsan District Court 2013TT 14532 (hereinafter “the claim of this case”). The above court accepted the claim and rendered a ruling of accepting the claim on December 12, 2013. The original copy of the instant collection order was served on the Defendant, who is the debtor on December 16, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff seeks payment of KRW 34,500,000 to the Defendant based on the collection order of this case.

B. As to this, the Defendant transferred KRW 60,000,000 among the bonds of this case prior to the delivery of the instant collection order to E, and the Defendant has the loan claim of KRW 30,00,000 against C, and C delayed payment of KRW 30,000,000 per month from May 2012 to March 2014. The Defendant asserts that the collection amount to be paid to the Plaintiff does not exist if the Defendant deducts the amount transferred from the bonds of this case to E, the Defendant’s loan amount, and the amount in arrears of KRW 30,000,00 from the bonds of this case.

3. Determination

A. The above.