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(영문) 인천지방법원 부천지원 2018.05.17 2017가단15067

추심금

Text

1. The Defendant’s KRW 49,831,200 as well as the Plaintiff’s annual rate of KRW 5% from November 15, 2017 to May 17, 2018.

Reasons

1. Facts of recognition;

A. On August 20, 2015, the Plaintiff intended to grant the right of operation of the Dobnae D (hereinafter “instant oriental Dobnae”). However, the right of operation of the remaining Dobnae and Dobnae Donae Donae Donae Donae Donae Donae Donae Donae Donae was contracted under his own name and paid KRW 60,00,000 to E.

B. On September 5, 2015, E entered into a contract with the Defendant, who is an operator of the instant oriental medical system, for the lease deposit of KRW 80,000,000, and for the lease period of KRW 4, 2017, with E having the right to operate the instant oriental medical system, and E paid KRW 80,00,000 to the Defendant.

(hereinafter, E’s claim for refund of the rental deposit against the Defendant (hereinafter referred to as “claim for refund of the instant rental deposit”).

However, E was sentenced to eight months of imprisonment on October 19, 2017 from the Incheon District Court’s Branch Branch Branch of the Incheon District Court, and the above judgment became final and conclusive, due to the fact that E deceiving the Defendant by means of false statement that the deposit money for the lease of the right to use the remaining and the right to use the store was KRW 120,000,000.

On March 7, 2017, the Plaintiff received a claim amounting to KRW 61,168,231 from the Incheon District Court Branch Branch Branch Branch Decision 2016 tea2471 to the Defendant on March 13, 2017, based on the executory exemplification of the executory payment order for the refund of deposit deposit amount, with the obligor E and the third obligor as the Defendant on March 7, 2017. The order was served on the Defendant on March 13, 2017. The above order was served on the Defendant on September 17, 2017 by the same court Decision 17TT7858, which was issued a seizure and collection order of KRW 5,067,437. The above order was served on the Defendant on September 28, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of claim and the defendant's assertion

A. According to the above facts of recognition as to the cause of claim, the defendant shall issue a collection order for the seizure and collection of the claim to the plaintiff, except in extenuating circumstances.