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(영문) 의정부지방법원 2015.11.03 2014가단27081
추심금
Text

1. The defendant shall deliver the building stated in the attached list from C to the plaintiff at the same time. 50,000,000 won shall apply to the plaintiff.

Reasons

1. Basic facts

A. On August 8, 2013, the Plaintiff received from Nonparty D a claim for the amount of credit KRW 50 million based on each written statement prepared by Nonparty C on March 18, 201, and the date of payment on March 8, 2013 (hereinafter “instant claim for the amount of credit”). D notified C of the fact of the said assignment of credit around that time.

B. On September 2, 2013, the Plaintiff received a provisional attachment order of KRW 50 million from among the lease deposit for the lease of the real estate stated in the separate sheet (hereinafter “the instant building”) to be returned by the Defendant with the instant claim for acquisition money as the claim for claim under the Sungwon District Court Branch Branch 2013Kadan3781.

C. On April 9, 2014, the lower court rendered a favorable judgment against the Plaintiff that “C shall pay to the Plaintiff the amount of KRW 50 million and the interest calculated at the rate of 20% per annum from April 9, 2014 to the date of full payment,” which read that “C shall pay to the Plaintiff the amount of KRW 50 million and the interest calculated at the rate of 20% per annum from April 9, 2014 to the date of full payment.”

Accordingly, the Plaintiff filed an order of seizure and collection of the claim to transfer the provisional seizure indicated in the above paragraph (b) to the original seizure as Sungwon District Court Branch 2014TTT 6451, and transferred the provisional seizure of KRW 50 million out of the lease deposit under the above provisional seizure order to the original seizure on May 19, 2014, and received the order of seizure and collection that the Plaintiff can collect.

E. Meanwhile, on November 26, 2014, the Defendant’s appeal was dismissed and became final and conclusive around that time from the appellate court (Seoul District Court 2014Na16231) that proceeded with C’s appeal.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 6, the purport of the whole pleadings

2. The assertion and judgment

A. On September 18, 2010, the Plaintiff’s assertion 1 Plaintiff and the Defendant concluded a lease agreement with respect to the instant building from November 30, 2010 to December 24, 2010, every two years since the term of lease was concluded. As such, the instant lease agreement was renewed on November 29, 2014.

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