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(영문) 광주지방법원 2017.12.13 2017가단509510

추심금

Text

1. The status of a lessee of a lease agreement dated September 3, 2017 on the real estate stated in the separate sheet between Defendant D and Defendant C.

Reasons

1. Facts of recognition;

A. As to Defendant D, Plaintiff A has a claim on December 3, 2013 based on the rate of 25,00,000 won by an executory deed No. 2303 in 2013 and the rate of 20% per annum from June 4, 2014 to June 23, 2014; a claim on May 23, 2014 by a notary public with an executory deed No. 948 in 2014; a claim on May 24, 2015 to 30% per annum from May 24, 2015 to September 22, 2015; Plaintiff B has a claim on the amount of 16,000,000 won by an executory deed in 20,000 won in notarial deeds with an executory deed No. 2523, Sep. 22, 2015 to Gwangju Law Firm.

B. On May 2, 2016, Defendant D entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant E with a deposit of KRW 50 million, monthly rent of KRW 1 million (pre-paid on May 29, 2016), and between May 29, 2016 and January 27, 2018 (hereinafter “20 months”), and paid to Defendant E a deposit of KRW 50 million (hereinafter “the instant lease deposit”).

C. On March 7, 2017, Plaintiff A executed a notarial deed with the executory power of 2013 and 2303 on the real estate indicated in the attached Form, which was executed by the said notary public, as the title of execution, Defendant D decided to transfer the lessee status under the instant lease agreement to Defendant C, who is a birthe, and Defendant E, who was not paid the rent under the instant lease agreement from December 2016, consented to the transfer of lessee status under the said lease agreement, but the payment of KRW 4,00,000,000,000,000,000,000,000,000, out of the 5,000,000,000,000 won, from December 27, 2016 to October 26, 2017.

The payment shall be made in advance in lieu of the payment of 10,000 won for the above reduced lease deposit.