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(영문) 수원지방법원 2017.10.11 2016가단555364
추심금
Text

1. The Defendant’s KRW 15,400,000 as well as 5% per annum from January 11, 2017 to October 11, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant: (a) set lease deposit amount of KRW 25,00,000 (hereinafter “instant lease deposit”); and (b) leased part of the first floor of the building on the D ground of Suwon-si, Suwon-si (hereinafter “instant store”); and (c) leased the instant lease deposit to C.

B. On April 30, 2015, the Plaintiff: (a) received a decision on provisional seizure of claims against C regarding the claim for the return of the lease deposit of this case against C, with the claim for the purchase of goods amounting to KRW 16,407,00 against C; (b) the said decision was served on the Defendant on May 22, 2015.

C. On June 8, 2015, Suwon District Court 2015da72225, C filed an application for individual rehabilitation with the said rehabilitation court, and upon which the Defendant’s statement that “The remainder of KRW 15,400,000 remaining after deducting KRW 9,60,000 from KRW 25,000,000 of the instant lease deposit, the right to claim the return of the monthly rent remains.” On December 3, 2015, C submitted a written confirmation of the return of the monthly rent deposit. The said court decided to commence the rehabilitation procedure for C on December 3, 2015, but decided to abolish it on May 26, 2016.

On June 29, 2015, the Plaintiff filed an application for a payment order with C (U.S. District Court 2015 tea1388) seeking payment of the above goods, and received a payment order on June 29, 2015, and the above payment order became final and conclusive as it is.

E. On August 26, 2016, the Plaintiff received a collection order (hereinafter “instant seizure and collection order”) regarding C’s claim for the refund of the lease deposit of this case against C as the claim amounting to KRW 20,078,571 (including delay damages) of KRW 20,078,571 against C, with respect to C’s claim for the refund of the lease deposit of this case against C, the transfer and seizure to the main seizure of the instant provisional seizure, and the collection order (hereinafter “instant provisional seizure and collection order”), and the said order was served on September 1, 2016 to the Defendant.

F. On the other hand, between E and E on July 29, 2015, the Defendant entered into a lease agreement setting the lease deposit amount of KRW 25,000,000 and KRW 1,600,000 per month for the instant store.

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