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Reasons
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(영문) 수원지방법원 2018.06.27 2017가단24867
추심금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff holds a claim amounting to KRW 53,523,835 based on a notarial deed of a monetary loan for consumption with executory power under Article 1288 of the Document No. 1288, 2016, as against C, a notary public law firm.

B. 1) On January 20, 2016, C leased from the Defendant the KRW 2,3, and 4 of the Suwon-si D Building owned by the Defendant during the lease period of KRW 200 million, monthly rent of KRW 200 million, and from January 20, 2016 to January 19, 2018, C paid KRW 100 million out of the above lease deposit to the Defendant at the time of the said contract, and the remainder KRW 100 million was to be paid by July 30, 2016, and in the event of violation, C decided to invalidate the said contract and withdraw from the said building.

3) However, when C did not pay the unpaid lease deposit KRW 100 million to the Defendant and the monthly rent was not paid for eight months, the Defendant and the Defendant on January 24, 2017 agreed with the Defendant on the voluntary withdrawal on February 3, 2017, as the Defendant did not pay KRW 100 million and KRW 160 million for eight-month lease deposit, and the Defendant did not pay KRW 100 million. ② The Defendant paid KRW 50 million to C, and paid the down payment, KRW 30 million, and the remainder shall be paid at the time of withdrawal, and the remainder shall be paid after settling the unpaid taxes, public charges, or the debt amount of C after five months. (c) The Plaintiff received the order of Suwon District Court as the creditor, KRW 2017T’s claim amount as KRW 53,5235,5235,535, and the collection order of the instant bond amount as KRW 350,535,535,000.

) On July 18, 2017, the above order reached the Defendant. [The fact that there is no dispute over the grounds for recognition, each entry of Gap evidence Nos. 1 through 3, and the purport of the whole pleadings.]

2. Determination

A. According to the above facts of recognition, the defendant is subject to the order of this case unless there are special circumstances.

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