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(영문) 서울중앙지방법원 2020.08.31 2019가단5157546
추심금
Text

1. The defendant shall pay 22,400,000 won to the plaintiff and 12% per annum from July 23, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against C for the delivery of land and the removal of buildings (Seoul Central District Court 2017da5114705). The conciliation was concluded in the conciliation procedure (Seoul Central District Court 2017Ss.583625). The main content of the lawsuit is as follows:

(2) The Plaintiff shall pay KRW 12,50,000,000 to the Plaintiff by deposit in the Plaintiff’s account (one bank D) with the land rent in arrears, and KRW 5 million is paid in installments until October 31, 2017; and KRW 5,00,000,000 until November 30, 2017; and KRW 2,50,000,000 until January 31, 2018.

At each time of the above payment, C loses the benefit of time and of installment at each time, and C shall pay to the Plaintiff the remainder plus the interest for delay at the rate of 15% per annum.

2. From September 28, 2017 to September 2017, the Defendant shall pay to the Plaintiff an amount of money with the rate of KRW 2.5 million per month on the 27th day of each month from the date on which delivery is completed with respect to the land specified in attached Table 1 (Seoul Jung-gu E-gu, Seoul).

B. 1) On August 31, 2016, C is the first floor of the building E in Jung-gu Seoul Metropolitan Government (hereinafter “instant building”) to the Defendant.

2) The term “instant lease agreement” refers to the term “instant lease agreement” under which the term of the lease was set at KRW 10 million, KRW 50 million, KRW 700,000 per month, and KRW 700,000 per month.

(2) The Plaintiff: (a) filed an application with the Seoul Central District Court for a collection order for the seizure and collection of the claim against C’s rent claim under the instant lease agreement (Seoul Central District Court 2018TTT 108948); and (b) received the decision on May 16, 2019, by designating the title of execution title, the debtor C and the third obligor C as the Defendant and the claim amount as KRW 53,79,585.

The above decision was served on the defendant around that time.

(hereinafter the above seizure and collection order is "the ground for recognition"). 【The fact that there is no dispute concerning the seizure and collection order of this case, each entry in the evidence Nos. 1 through 7, and the purport of the whole pleadings.

2. The assertion and judgment

(a)the cause of the action;

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