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(영문) 서울서부지방법원 2014.11.04 2013가합10598
전부금
Text

The defendant's KRW 128,708,910 for the plaintiff and 5% per annum from November 8, 2013 to November 4, 2014.

Reasons

Basic Facts

A Co., Ltd. (hereinafter referred to as “B”), on October 15, 2009, leased 540,000,000, and from December 1, 2009 to November 31, 2014, three floors (hereinafter referred to as “three floors” of the above buildings (hereinafter referred to as “three floors”) among the above buildings and four lots of land, Gangnam-gu Seoul and Seoul, and the seven floors (hereinafter referred to as “the instant seven floors”) from the Defendant, and leased 150,00,000,000, and paid each of the above lease deposits to the Defendant.

On November 30, 2010, the Plaintiff was issued an order of seizure and assignment of the amount until it reaches KRW 690,000,000 among the claim for the refund of the lease deposit against the Defendant on the third and seventh floors in this case by Seoul Central District Court Decision 2010TY 201, Seoul Central District Court Decision 201Da45871 (hereinafter referred to as “instant attachment and assignment order”), and the above order was served on the Defendant on December 6, 2010, and became final and conclusive on December 17, 2010.

On May 27, 201, with respect to the instant attachment and assignment order, the Plaintiff submitted to the Seoul Central District Court a “report on the cancellation of the attachment of claims and the renunciation of the collection right” under the name of the Plaintiff stating that the Plaintiff cancelled the attachment and waiver of the collection right.

(hereinafter) On September 1, 201, D received an order of seizure and assignment of the amount until the amount of KRW 540,000,000 out of the lease deposit claim for the instant seventh floor against the Defendant in the Seoul Central District Court No. 2011TT No. 201, 35604, and the said order was served on the Defendant on September 5, 201, and became final and conclusive on October 6, 2011.

The lease agreement between B and the Defendant on the instant third floor was April 30, 201, and the lease agreement on the instant seventh floor was terminated on September 30, 2011.

On November 24, 2011, the Defendant paid KRW 128,690,910 to D out of the balance of the lease deposit for the instant seven floors at the request of E, a representative of B.

[Ground of Recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 5-2, the cancellation of claims and the waiver of collection rights.

The plaintiff affixed a seal to the above document.

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