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(영문) 서울서부지방법원 2019.01.16 2018가단224494
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff by the Seoul Western District Court Decision 2010Kadan81066 Decided March 29, 201.

Reasons

1. Basic facts

A. On August 8, 2006, the Plaintiff leased the instant lease (hereinafter “instant lease”) to the Defendant, setting the deposit amount of KRW 50 million, monthly rent of KRW 700,000,000,000 from August 8, 2006 to August 7, 2009, which was owned by the Plaintiff, as the deposit amount of KRW 50 million.

B. On September 28, 2010, the Defendant applied for a payment order against the Plaintiff seeking the return of the deposit upon the termination of the lease, but the payment order original was not served on the Plaintiff, and was implemented as a litigation procedure.

On March 29, 2011, the Seoul Western District Court 2010Kadan81066, hereinafter “Prior Action Litigation”). A judgment was rendered on March 29, 201 that “the Plaintiff shall pay KRW 50 million to the Defendant” and the same year.

4. 19. The above judgment became final and conclusive.

C. On January 5, 2018, the Plaintiff filed a subsequent appeal against the above judgment, but the same year.

6. On November 2, 2017, the Defendant received a claim for overdue rent from the Plaintiff on November 2, 2017. On December 1, 201 of the same year, the Defendant sent to the Plaintiff a postal item stating the process, result, etc. of the prior suit, and was rendered a judgment dismissing on the ground that the Plaintiff received the said postal item on December 4, 2017, and the judgment of the prior suit was rendered.

On the other hand, on December 28, 2017, the Defendant delivered the instant singing box to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 5, and 6 (including virtual numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the lease of this case was terminated upon the Defendant’s termination of the contract on September 1, 2010, and the Defendant did not pay the Plaintiff the rent due to the Defendant’s possession and use of the instant singing practice from August 8, 2009 (the Plaintiff appears to have written complaint on August 7, 2009, in light of the lease term) to December 28, 2017.

The plaintiff against the defendant in total KRW 70,513,333,00,000,000,000.

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