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(영문) 수원지방법원성남지원 2019.01.29 2018가단10769
청구이의
Text

1. The Defendant’s payment order for the rent payment case against the Plaintiff was based on the Suwon District Court, Sung-nam Branch 2018Hu265.

Reasons

1. Basic facts

A. On June 27, 2016, the Plaintiff entered into a lease agreement with the Defendant as between the Sungnam-gu Seoul Special Metropolitan City C Building D (hereinafter “instant building”) by July 11, 2018 (hereinafter “instant lease agreement”). The Plaintiff entered into a lease agreement with the Defendant as between KRW 10 million, monthly rent of KRW 1540,000 (including value-added tax), monthly rent of KRW 1540,000,000 (hereinafter “instant lease agreement”).

B. On October 2017 to January 2018, the Defendant applied for a payment order issued on January 12, 2018 (hereinafter “instant payment order”) as follows, on the ground that the Plaintiff did not pay KRW 6,165,000 for four months from October 2017 to January 2018. The said payment order became final and conclusive on January 31, 2018.

The debtor of the District Order (the plaintiff, hereinafter the same shall apply) shall pay to the creditor (the defendant, hereinafter the same shall apply) the amount stated in the claim in the attached Form.

Attached Form

Expenses for demanding procedures shall be borne by the debtor.

The debtor may raise an objection within two weeks from the date on which this order has been served.

order the creditor to pay the following claim amount and demand procedure expenses to the creditor;

1. Gold 6,160,000 won;

2. The debtor shall pay to the creditor damages for delay at the rate of 19% per annum from the day after January 16, 2018 to the day of full payment and the next demand procedure expenses with respect to the amount of KRW 6,160,000 and the original copy of the decision on the payment order in this case.

56,700 won for demand procedure (Contents: 54,00 won for service charge, 2,700 won for revenue stamps)

C. After that, on June 7, 2018, upon the instant payment order, the Defendant received a seizure and collection order from each of the Defendant and the Plaintiff, each of which was issued by the competent court (2018TTTT 2018T 5801, and July 9, 2018) under the same court (2018TT 2018T 55437, and collected KRW 5 million on June 15, 2018.

On the other hand, on January 11, 2018, the Defendant filed a lawsuit against the Plaintiff seeking the termination of the instant lease agreement and the delivery of the building.

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