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(영문) 부산지방법원동부지원 2017.05.25 2016가단206507
전부금
Text

1. The Defendant shall pay to the Plaintiff KRW 75 million with 15% per annum from June 23, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff has a claim for the price of goods worth KRW 440 million against Nonparty B according to the conciliation protocol (No. 2013s. 1648) dated March 27, 2014, pursuant to the Busan District Court’s Dong Branch branch branch.

B. B leased the instant building owned on July 20, 2015, to the Defendant with the lease deposit amounting to KRW 500 million, monthly rent of KRW 25 million, and the lease period from September 1, 2015 to August 30, 2020.

(hereinafter “instant lease agreement”). C.

On September 2, 2015, the Plaintiff was issued an attachment and assignment order for the monthly rent claim held by B as the obligor B, the garnishee, the Defendant, the claim amounting to KRW 197,796,713, and the Busan District Court Branch Branch of the Busan District Court (2015TT7989). The assignment order was served on the Defendant on September 11, 2015 and was served on the Defendant on the same year.

9. A final and conclusive date.

(hereinafter referred to as "the assignment order of this case") d.

On October 14, 2015, the Defendant returned the lease deposit of KRW 150 million, which was paid to B on October 14, 2015, and filed a lawsuit seeking confirmation of invalidity of the lease contract, etc. with the Busan District Court's Dong Branch of Busan District Court 2015da21471.

On May 10, 2016, the said lawsuit was concluded after the decision of compulsory adjustment became final and conclusive between the Defendant and B on November 17, 2015 that there is no claim or obligation except for the agreement as of November 17, 2015 with respect to the lease contract of the building of this case.

[Reasons for Recognition] Uncontentious Facts, Gap 1 through 4, 8, Eul 3, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is obligated to pay KRW 75 million out of the monthly rent claim against the Defendant, which was transferred to the Plaintiff as an assignment order, from September 2015 to November 2015.

B. Defendant’s assertion 1) The instant assignment order is null and void in conjunction with the seizure and collection order of claim No. 2015, 2015, 7708, the Plaintiff received prior to the assignment order. 2) The instant lease agreement is null and void due to the nonperformance or deception of B.

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