(영문) 수원지방법원 2020.01.10 2019가단550216

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.01.10 2019가단550216

제3자이의

Text

1. The Defendant’s enforcement of the Seoul Central District Court Decision 201Gadan258363 Decided February 16, 2012 against Nonparty C.

Reasons

1. Facts of recognition;

A. On July 14, 2011, the Defendant filed a lawsuit claiming a loan against C and D as Seoul Central District Court 201Gadan258363.

On February 16, 2012, the above court rendered a judgment that "A shall pay to the plaintiff money calculated at the rate of 20% per annum from August 30, 201 to the date of full payment; D shall pay 49 million won out of the respective amount of C and each of the above amount; and D shall pay 5% per annum from August 30, 201 to February 16, 2012; and 20% per annum from the next day to the date of full payment; and the above judgment was finalized on March 13, 2012."

(B) The above final and conclusive judgment is called the “instant judgment,” and the claim according to the instant judgment is referred to as the “instant judgment”).

Between the Plaintiff and E, there was a pre-contract (Evidence A) signed on February 14, 2019 between the Plaintiff and E, stating that “the Plaintiff shall lease the instant building with a deposit of KRW 150,000,000 (hereinafter “the instant lease deposit”) and the lease term from March 4, 2019 to March 4, 2021,” with the content that “the Plaintiff shall lease the instant building with a deposit of KRW 150,000,000 (hereinafter “the instant lease deposit”).”

(hereinafter referred to as the “instant lease contract”) C under the said lease contract.

On April 15, 2019, based on the instant judgment, the Defendant filed an application for a seizure and collection order regarding the instant claim to return the lease deposit of this case under the instant lease agreement with the Suwon District Court 2019TT108248, with the obligor and the third obligor as the obligor of the claim, C, and C, based on the instant judgment on April 15, 2019.

On April 25, 2019, the above court issued a collection order for the attachment and collection of the content of citing the above request (hereinafter “instant collection order”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 1, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The lessee of the instant lease agreement is not C but the Plaintiff.

유사 판례

-수원지방법원 2020.01.10 2019가단550216

-수원지방법원안산지원 2020.06.25 2020가합6976

-인천지방법원 2018.05.25 2017가합60115

-서울중앙지방법원 2017.02.16 2016가단5187744

-광주지방법원 2021.03.02 2020가단512752