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(영문) 서울중앙지방법원 2016.11.25 2016가합539736

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 10, 2016, the Plaintiff received a seizure and collection order as to KRW 195,817,37, total amount of KRW 391,634,674, among the lease deposit claims against the Defendant (hereinafter “instant real estate”) issued by Seoul Central District Court Decision 2016TTT 7823, Gangnam-gu Seoul Metropolitan Government D and 201 (hereinafter “instant real estate”). The above seizure and collection order was served on the Defendant around that time.

Since the plaintiff was paid KRW 30 million from the above debtor, the remaining 361,634,674 won and damages for delay are claimed.

2. In light of the judgment, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that B and C entered into a lease agreement on the instant real estate with the Defendant and paid the lease deposit to the Defendant, and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit, and it is so decided as per Disposition.