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(영문) 서울동부지방법원 2016.07.22 2016가단8450
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff filed a lawsuit against C with Seoul Eastern District Court 2008Kadan58009, stating that “the Plaintiff loaned KRW 30 million to C on December 12, 2007 with interest rate of KRW 36% per annum and by March 12, 2008.” On November 28, 2008, the judgment of November 28, 2008 that “C pays to the Plaintiff 30 million with interest rate of KRW 30% per annum from January 2, 2008 to the date of full payment” (hereinafter “instant judgment”). The said judgment became final and conclusive as is.

On July 23, 1990, the Defendant purchased 61.52 square meters and 68.9 square meters of each of 1 and 2 stories 1 and 61.52 square meters of each of the 2nd floors of the 2nd floor in Songpa-gu Seoul Metropolitan Government Da ground-based Do, and completed the registration of ownership transfer on the instant building on August 30, 1990.

On October 13, 2015, the Plaintiff received a claim attachment and collection order (hereinafter “instant collection order”) with respect to “The amount equivalent to KRW 30,025,300,00 (25,300,000,000,000,000,000 won out of the lease deposit amount of KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, from the Defendant around March 29, 2011,” and around that time, the instant collection order was served on the Defendant and C.

[Ground of recognition] The plaintiff asserted the purport of Gap 1, Eul 1, and 2 as a whole and the purport of the whole pleadings as the cause of the claim in this case. Since Eul leased the land surface of the building in this case from the defendant in the amount of five million won as lease deposit, the defendant is obligated to pay five million won as lease deposit to the plaintiff according to the collection order in this case.

Judgment

Therefore, the Defendant’s lease of the land surface of the instant building to C in KRW 5 million and paid KRW 5 million from C as lease deposit shall be recognized only with the following facts:

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