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(영문) 청주지방법원제천지원 2019.03.20 2018가단2215
청구이의
Text

1. The Defendant’s decision on performance recommendation against the Plaintiff on November 12, 2018 by the Cheongju District Court Decision 2018 Ghana31859.

Reasons

1. Facts of recognition;

A. On March 14, 2014, the Plaintiff: (a) leased Dagra E with the term “10,000,000 won for lease deposit; (b) 450,000 won for rent; and (c) up to April 11, 2016 for the term of lease.”

(hereinafter referred to as the “instant lease contract”) B.

On September 28, 2018, the Defendant received the attachment and collection order, “The Defendant’s claim amount was KRW 90,536,981,00,000,000,000,000 by the original copy of the payment order in Seoul Central District Court 2018Guj973862, as to the Defendant C, and the seized claim was “the amount equal to the above claim amount among the claims for return of the lease deposit owed by C upon the Plaintiff under the instant lease agreement.

(C) A collection order for the seizure and collection of the instant claim was served on October 23, 2018. The instant seizure and collection order for the instant claim was served on the Plaintiff on October 23, 2018.

C. On October 29, 2018, the Plaintiff submitted a written statement of the third obligor to the effect that “The instant lease agreement has expired on May 27, 2016 and has no intention to refund the lease deposit to C” in the procedure of the seizure and collection order of the instant claim.

On January 9, 2015, Plaintiff 3,00,000 won, 2,000,000 won on February 3, 2016, and 8,500,000 won on May 27, 2016, were attached to Plaintiff 3’s statement of the third debtor.

On November 9, 2018, the Defendant filed a lawsuit against the Plaintiff claiming the payment of KRW 20,000,000 among the amount seized according to the seizure and collection order of the instant claim, and the delayed payment, against the Plaintiff.

(Cheongju District Court Decision 2018Gau31859). On November 12, 2018, 2018 in the foregoing case, the decision of performance recommendation (hereinafter “decision of performance recommendation of this case”) was rendered on November 12, 2018 that “the Plaintiff shall pay to the Defendant 20 million won and the amount calculated by the rate of 15% per annum from the next day of the delivery of a copy of the complaint to the day of full payment.”

In this case.

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