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(영문) 서울고등법원 2016.09.30 2015나2069882
추심금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim changed at the trial court, shall be modified as follows.

The defendants are the defendants.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff’s final and conclusive judgment in Seoul Central District Court 2012Gahap542345 (hereinafter “instant final and conclusive judgment”) (hereinafter “instant final and conclusive judgment”).

(2) In accordance with this subsection, the corporation is a corporation other than the corporation (hereinafter referred to as “foreign corporation”).

(2) On November 10, 2013, the Defendants: (a) leased the land in Mapo-gu Seoul Metropolitan Government from the Nonparty Company for KRW 300 million; (b) monthly rent of KRW 15 million (payment on November 20); and (c) the term of lease from November 14, 2013 to November 13, 2015.

(3) On June 10, 2014, the Plaintiff: (a) based on the authentic copy of the judgment with executory power of the final judgment of this case, the Seoul Central District Court 2014TTTT11856, and (b) based on the instant lease agreement against the Defendants of the non-party company, the claim amounting to KRW 95,69,181,960 to KRW 95,69,69,181,960, and the collection order (hereinafter “instant lease order”).

(3) On June 13, 2014, the order of seizure and collection of the instant claim was served on the Defendants on June 13, 2014. [The facts that there is no dispute over the grounds of recognition, Gap evidence Nos. 1, 2, Eul evidence No. 1, and the purport of the whole pleadings.]

B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay rent after June 13, 2014, upon receipt of the instant claim attachment and collection order, to the Plaintiff pursuant to Articles 654 and 616 of the Civil Act.

Therefore, barring any special circumstance, the Defendants are jointly and severally within the amount of claims for the seizure and collection order of this case, and as to KRW 255,00,000 among them, and KRW 180,000,00,00 as the Plaintiff seeks, the amount of each rent shall be determined by the Special Act on the Promotion of Legal Proceedings, etc. from May 21, 2015 to June 10, 2015, which is obviously a copy of the Plaintiff’s application for change of the purport of the claim and cause of the claim, as the Plaintiff seeks from May 21, 2015 to June 12, 2015.

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