beta
Text
1. The Defendant’s KRW 160,988,295 as well as the Plaintiff’s annual rate from December 30, 2010 to May 12, 2016.
Reasons
1. Determination on the cause of the claim
A. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence Nos. 1-6.
(1) On March 11, 2010, the Plaintiff entered into a contract on the part between the first to the sixth ground (hereinafter “the instant building”) of the building from the first to the sixth (6) of the ground among the buildings in question (hereinafter “the instant building section”) with Yeo-si Co., Ltd. that was delegated by the sectional owners of the instant building (hereinafter “Yeo-si”), setting the deposit amount of the instant building at KRW 5 billion, KRW 3.5% of the monthly sales of rent, KRW 190 million (minimum guarantee amount), and KRW 10 million, and the rental fee shall be deposited into the deposit account designated by Jung-gu, Busan (hereinafter “the instant lease agreement”). At that time, the building portion was transferred and used.
(2) On July 2010, the Plaintiff paid rent to the Defendant’s deposit account in the name of the Defendant, which was designated by the Plaintiff from July 2010.
(3) B filed an order to pay the agreed amount with the Busan District Court No. 2010 tea14694 against the Defendant, etc., and received such payment order from the above court on July 16, 2010, and then filed an order to pay the amount equivalent to KRW 161,48,295 out of the rent claim for the part of the instant building owned by the Defendant against the Plaintiff as the obligor and the third obligor, Busan District Court No. 2010TT38537, which designated the Plaintiff as the third obligor, and issued an order to seize and collect the amount equivalent to KRW 161,48,295 among the rent claim for the part of the instant building owned by the Defendant against the Plaintiff. On December 10, 2010, B received the same decision from the above court (hereinafter “instant order to seize and collect the instant claim”). The seizure and collection order were served on the Plaintiff on December 14, 2010.
(4) On December 29, 2010, according to the collection order and seizure of the instant claim on December 29, 2010, the Plaintiff was a deposit for execution under Article 248(1) of the Civil Execution Act, which was the Busan District Court’s KRW 12166, 160,98,295.