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(영문) 대전지방법원서산지원 2017.05.02 2016가단7724
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 24,017,282 and the interest rate of KRW 15% per annum from November 5, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On October 2, 2015, the Defendant entered into a lease agreement with CC Co., Ltd. (hereinafter “Nonindicted Company”) and the building B located in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant building”) owned by Nonparty Company (hereinafter “Nonindicted Company”) with a deposit of KRW 100 million, monthly rent of KRW 10 million (value-added tax separate), and a lease agreement with a lease term of five years (hereinafter “instant lease agreement”).

B. On March 29, 2016, the Plaintiff issued a seizure and collection order (this Court No. 2016TT No. 897, hereinafter “instant collection order”) with respect to KRW 24,017,282 of the rent bonds based on the instant lease agreement against the Defendant of the non-party company from the Suwon District Court, which issued the seizure and collection order (hereinafter “instant seizure collection order”) against the non-party company, and the above order was served on the Defendant on March 31, 2016.

C. In addition to the Plaintiff, both sides, C, D, and E, the creditors of the non-party company, were issued a seizure collection order as to the rent claim against the non-party company against the non-party company from June 2016 to August 2016.

On the other hand, with respect to the real estate of the non-party company, including the instant building, the compulsory auction (F) on January 20, 2016 and the voluntary auction (G G) on July 22, 2016 began, respectively.

E. Until February 21, 2017, the Defendant did not pay the Nonparty Company a total of KRW 80,396,169 out of the rent under the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the Defendant, a collection right holder, is obligated to pay to the Plaintiff 24,017,282 won, which is the Plaintiff’s claim amount out of the unpaid rent under the instant lease agreement, and damages for delay at the rate of 15% per annum from November 5, 2016 to the date of full payment, which is the day following the day of delivery of a copy of the instant complaint.

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