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(영문) 서울중앙지방법원 2016.08.11 2016가합515174

추심금

Text

1. As to KRW 30,00,000 and KRW 286,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 22,00,000 from April 8, 2016.

Reasons

1. Basic facts

A. On May 16, 2013, the Defendant entered into a lease agreement with B (hereinafter “Nonindicted Company”) on the lease of KRW 400,000,000, monthly rent of KRW 20,000 (including value-added tax), the last day of the monthly rent payment, the lease period from June 30, 2013 to June 30, 2018 (hereinafter “instant lease agreement”).

B. On March 10, 2015, the Plaintiff received the Seoul Central District Court Decision 2015Kadan80208 regarding the amount up to KRW 200,000 among the claim for rent payment based on the instant lease agreement against the Defendant of the non-party company, as Seoul Central District Court 2015Kadan80208, and the said Order was served on March 12, 2015.

C. On April 30, 2015, the Plaintiff filed a lawsuit against the non-party company as Seoul Central District Court 2013Gahap52714, and was sentenced to the judgment (hereinafter “instant judgment”) that “the non-party company shall pay to the Plaintiff 778,704,645 won and interest calculated at the rate of 5% per annum from December 17, 2013 to April 30, 2015, and 20% per annum from the next day to the date of full payment” (hereinafter “instant judgment”).

On March 11, 2016, the Plaintiff’s judgment of this case with the provisional execution sentence sentence title, among the claim for rent payment of KRW 372,049,554 based on the instant lease agreement, the Seoul Central District Court Decision 2016TT 4461, the Plaintiff’s claim for rent was made.

The provisional attachment of KRW 200,00,000 upon the decision of provisional attachment of claims stated in the Paragraph is to be transferred to the original attachment. The remainder of KRW 172,049,554 is to be transferred to the original attachment, and the provisional attachment and collection order was issued. The above order was served on March 16, 2016 to the Defendant.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence 1, 2, 3, Eul evidence 2, the purport of the whole pleadings

2. Determination as to the cause of the claim.