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The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. On November 14, 2016, the Defendants entered into a real estate lease agreement with C, Daejeon Middle-gu D, E, and ground buildings (hereinafter “instant real estate”) with the term of lease from December 1, 2016 to November 30, 2018, the lease deposit amount of KRW 100 million, the monthly rent of KRW 5 million (excluding value-added tax).
B. Around December 2018, the Plaintiff filed an application with the Suwon District Court for a payment order with respect to C to seek the payment of the amount of indemnity. On December 27, 2018, the said court rendered an order for payment (2018,805,837, with respect to KRW 271,805,702 from November 30, 2018 to April 6, 2019, with respect to KRW 10% per annum from November 30, 2018 to April 6, 2019, and 15% per annum from the following day to the date of full payment. The said order was finalized on April 6, 2019.
C. Around October 5, 2018, the previous Daejeon District Court rendered a provisional attachment order as to the claim for reimbursement related to the above payment order against the Defendants against C as the preserved right (No. 2018Kadan52999). The original copy of the provisional attachment order was served on the Defendants on October 11, 2018.
On May 7, 2019, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) from the Daejeon District Court Decision 2019TT, the original copy of the above payment order, as follows: (a) as to the claim to return the lease deposit held by C against the Defendants, to the provisional seizure; (b) on May 30, 2019, the original copy of the order was served on the Defendants on May 30, 2019.
In accordance with the main contents of the collection order of this case, the creditor of this case is the creditor of this case's third party debtor's claim amounting to 284,400,978 won (=the principal amounting to 271,805,837 won due to the executory exemplification of the payment order claim amounting to 271,805,837 won and delay damages amounting to 12,436,041 won and delay damages amounting to 159,100 won): the claims to be collected.