(영문) 대구지방법원 2016.11.09 2015가단47959

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(영문) 대구지방법원 2016.11.09 2015가단47959

추심금 등

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1.(a)

Defendant B, among the three floors of the real estate listed in the attached list to Defendant C, indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 1.

Reasons

1. The fact of recognition that Defendant B entered into a lease agreement with Defendant C on Nov. 30, 2007, setting the lease term of approximately KRW 302 square meters on board (hereinafter “instant leased agreement”) with each point of approximately 1,2,3,4,5,6, and 1 of the attached drawings among the three floors of the real estate listed in the attached Table on Nov. 30, 2007, with Defendant C, for a period from November 30, 2007 to 24 months, with the lease deposit amount of KRW 30,000,000, while changing the lease deposit of KRW 20,000,000 and KRW 10,000,00 each month from April 30, 2013 to April 30, 2013 (hereinafter “instant lease agreement”).

On June 10, 2013, Defendant B transferred to Defendant C the claim for the refund of the lease deposit against Defendant C, and the assignment of the claim was notified to Defendant C around October 11, 2013.

In order to receive 35,926,800 won for goods from D, the Plaintiff filed an application for payment order with the Seo-gu District Court Branch Branching 2014,1005. On April 14, 2014, the above court issued a payment order (hereinafter “instant payment order”) stating that “D shall pay to the Plaintiff KRW 35,926,80, and damages for delay at the rate of 20% per annum from April 16, 2014 to the full payment date.” The above payment order was finalized on May 1, 2014.

The Plaintiff filed an application with the Daegu District Court 2014TTTT No. 2708, the original copy of the instant payment order, for the seizure and collection order against KRW 20,000,000 of the lease deposit repayment claim against Defendant C, which was acquired by Defendant B from Defendant B. On August 26, 2014, the said court issued an order to seize and collect the above lease deposit repayment claim against Defendant C (hereinafter “instant seizure and collection order”), and the said order was served to Defendant C on August 29, 2014.

D With respect to the claim for the return of lease deposit (acquisition deposit) against Defendant C, the creditor E.

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