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(영문) 서울남부지방법원 2016.11.24 2016가단15512
추심금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts of recognition;

A. On April 28, 2010, C entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) whereby C leases all and nine floors of the 14th floor and nine floors of the Seoul Yeongdeungpo-gu D building (hereinafter “instant building”) from the Defendant during the lease period from April 28, 2010 to April 27, 2012.

B. On February 21, 2012, the Defendant, C, and C’s wife agreed to change the lessee’s name of the instant lease agreement from C to E, and entered into an agreement between the said third party to take over the claim for the refund of the lease deposit against the Defendant, and to take over the obligation for the payment of overdue rent to C.

C. The Plaintiff has deposit 70 million won and damages for delay against C.

(A) The Seoul Southern District Court 2012Na6979 decided in favor of the plaintiff in this case, which is the appellate court of the lawsuit filed by the plaintiff against C. D.

On April 19, 2012, the Plaintiff was issued a provisional attachment order against C’s claim for return of the lease deposit against the Defendant (hereinafter “instant lease deposit claim”) by Seoul Southern District Court Decision 2012Kadan3701, and the provisional attachment order against the said claim (hereinafter “instant provisional attachment order”) reached the Defendant on April 23, 2012.

E. On October 14, 2013, the Plaintiff received a seizure and collection order (hereinafter “instant seizure collection order”) from the Seoul Southern District Court 2013TTT 20720, which transferred the claim to return the lease deposit of this case to the provisional seizure, and reached the Defendant on October 17, 201 of the same year.

F. Meanwhile, on April 28, 2012 after the expiration of the instant lease agreement, E is deemed as a lease agreement dated April 28, 2012, with the lease deposit of KRW 26 million and the lease term from April 28, 2012 to April 27, 2014, which leases the instant building from the Defendant.

AB concluded the agreement.

at that time.

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