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(영문) 수원지방법원성남지원 2016.05.18 2015가단218395

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 8, 201, Nonparty C entered into a lease agreement (hereinafter “instant lease agreement”) between the Defendant and the Defendant through D, the Defendant’s mother’s agent, with respect to the lease deposit of KRW 100,000,000,000, monthly rent of KRW 2,000,000, and from November 12, 201 to November 11, 201, with respect to the lease deposit of KRW 10,000,000 (hereinafter “instant apartment”).

B. On November 12, 201, C received the instant apartment from the Defendant, and paid the instant lease deposit to the Defendant.

C. The Plaintiff asserted that there was a transfer money against C and filed a claim amounting to KRW 80,00,000 on January 11, 2013, and received the Seoul Central District Court 2013Kadan30215 with respect to the claim to return the lease deposit of this case against C as to the claim to return the lease deposit of this case against C (hereinafter “the provisional seizure order of this case”). The provisional seizure order of this case was served on the Defendant on January 16, 2013.

Then, the Plaintiff filed a lawsuit against C with the Seoul Central District Court 2013Gahap886 and rendered a judgment on August 30, 2013 that “C shall pay to the Plaintiff an amount equivalent to KRW 427,00,000 and an amount equivalent to 20% per annum from January 16, 2013 to the date of full payment.” The Plaintiff’s appeal and final appeal are all dismissed, and the above judgment became final and conclusive on March 26, 2015.

E. On June 2, 2015, the Plaintiff was issued a collection order for the seizure and collection of the claim (hereinafter “instant collection order”) to transfer KRW 80,000,000 according to the Seoul Central District Court Order 2015TTT10 to the original seizure under the Seoul Central District Court Order for the provisional seizure of the claim. On June 4, 2015, the instant collection order was served on the Defendant on June 4, 2015.

[Ground of recognition] The fact that there is no dispute, entry of Gap's evidence 1 or Gap's evidence 4 (including a branch number), and the purport of whole pleadings

2. Determination

(a)the cause of the claim;