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(영문) 서울중앙지방법원 2020.03.31 2019가단5179720
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 28, 2017, C Co., Ltd. (hereinafter “C”) entered into a contract with the Defendant on the condition that the whole underground floor E among the D ground buildings owned by the Defendant is to be leased at KRW 500,000,000,000, monthly rent of KRW 15,00,000 (hereinafter “instant lease contract”) and operated bathing in the said building with the trade name “F.”

B. On December 27, 2018, the Plaintiff: (a) obtained a decision of provisional seizure of claims against C regarding the claim for the refund of the lease deposit of this case against C, with regard to the claim for the electric utility royalty of KRW 30,637,640 against C; (b) obtained a decision of provisional seizure of claims against C regarding the claim for the refund of the lease deposit of this case (Seoul District Court 2018Kadan106160, hereinafter “instant provisional seizure”); and (c) the said decision of provisional seizure was served on January 2,

C. The Plaintiff filed a lawsuit against C and its representative director G (Seoul District Court 2018Gadan267794) seeking the payment of electricity usage fee, and the said court rendered a judgment on April 25, 2019 that “C and G jointly and severally pay to the Plaintiff KRW 30,415,710 and delay damages therefor,” and the said judgment became final and conclusive around that time.

(hereinafter referred to as the “instant final judgment”) D.

On May 27, 2019, based on the instant final judgment, the Plaintiff transferred the instant provisional attachment to the Defendant, and additionally seized KRW 1,211,838, as to the instant claim to return the lease deposit against the Defendant, and received a seizure and collection order (Seoul District Court 2019TTT513870, hereinafter “instant collection order”) to collect the seized claim, and the said collection order was served to the Defendant on May 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 8, Eul evidence Nos. 1, 5, and 6, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant, the collection obligee, barring any special circumstance, shall be KRW 31,849,478 (= KRW 30,637,640) and the Defendant, the collection obligee, KRW 1,211,838).

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