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(영문) 울산지방법원 2016.02.17 2015가합2375
전부금
Text

1. The Defendant’s KRW 11,539,696 for the Plaintiff and KRW 6% per annum from August 6, 2015 to February 17, 2016.

Reasons

1. Determination on the cause of the claim

(a) Fact finding is without dispute between the parties, or is recognized by comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, 3, 5, 6, and Eul evidence Nos. 5, 6, and 7 (including those with serial numbers):

1) The Plaintiff is a stock company C (hereinafter “foreign company”).

2) On November 12, 2014, the Plaintiff filed an application with the Ulsan District Court for a payment order (2014 tea 2973) against Nonparty Company for a payment order (2014 tea 2973) and the payment order was finalized as is. (2) The Plaintiff filed an application with the Daegu District Court for a seizure and assignment order of the claim (2014TTT 2764) on the original copy of the payment order finalized. On November 12, 2014, the said court rendered a decision on the lease of the building of the 1l-dong factory (hereinafter “instant factory”) to the Defendant on the following day: (a) the Nonparty Company received monthly rent from the Defendant (hereinafter “the instant monthly rent”); and (b) the said decision was delivered to the Defendant on November 13, 2014; and (c) the Defendant became final and conclusive on November 14, 2014.

3) On March 10, 2014, the Defendant determined the instant factory as rent of KRW 2 million per month (monthly payment on the 10th day of each month) for the purpose of operating the factory from the non-party company and leased the instant factory (hereinafter “the instant lease”).

(4) A non-party company and the defendant paid the monthly rent from March 10, 2014 to October 10, 2014. The non-party company purchased the factory of this case through a voluntary auction on July 9, 2015 and paid the successful bid price in full. A lease agreement between the non-party company and the defendant was terminated around that time.

B. According to the above facts, the scope of the Plaintiff’s entire claim is “the text of the assignment order of this case.”

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