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(영문) 서울고등법원 2018.12.20 2018나2042789
추심금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On February 26, 2014, Eo-Development Co., Ltd. (hereinafter “Eo-development”) filed a lawsuit against the Defendant claiming the payment of rent (case number: Seoul East Eastern District Court 2014Gahap101253). On January 14, 2016, the said court rendered a judgment that “the Defendant shall pay Eo-Development 1,284,890,284 won and 1,122,00,000 won per annum from March 8, 2014 to January 14, 2016; and 12% per annum from the following day to the date of full payment” to “the Defendant shall pay Eo-Development 1,284,890,284 won with 1,122,000 won per annum of 15% per annum from the next day to the date of full payment.”

B. The Defendant appealed against the above judgment (the case number: Seoul High Court 2016Na2010122; hereinafter “Prior Lawsuit”). The above appellate court confirmed that the total amount of eight creditors, B, and C, etc. of 1,345,337,354 won and damages for delay incurred by eight creditors, etc. of Dao Development, and that there is no standing to be a party to the Doo Development, and the Defendant paid to Doo Development 214,804,594 won and 136,292,740 won among them from September 22, 2016 to the final decision of recommending reconciliation, and damages for delay calculated at 15% per annum from the next day to the date of complete payment.

The decision to recommend reconciliation (hereinafter “the decision to recommend reconciliation in this case”) was made on May 16, 2017, and the said decision to recommend reconciliation became final and conclusive on May 16, 2017. (c) On September 25, 2017, the Plaintiff: (a) the claim against o-development is “250,139,300 won, such as the lease deposit return claim;” (b) the obligor “o-development”; (c) the garnishee; (d) the Defendant; and (e) the claim against o-development was filed against the Defendant regarding the claim for rent payment of the Seoul Eastern District Court 2016Na2010122, the claim against o-development was filed against the Defendant (hereinafter “the claim for rent in this case”); and (c) the Seoul East East District Court 2017Mo5723, hereinafter “the instant collection order”).

In this case.

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