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(영문) 서울동부지방법원 2016.09.23 2016가단17775
추심금
Text

1. The defendant shall deliver real estate stated in the attached list from C to the plaintiff at the same time. 40 million won shall be applied to the plaintiff.

Reasons

Facts of recognition

The Plaintiff filed a lawsuit against C with the Seoul Central District Court 2009Gahap88339, and on March 26, 2014, the judgment was rendered that “C shall pay to the Plaintiff KRW 219,759,036 and damages for delay.” The appeal against the above judgment was dismissed, and the said judgment became final and conclusive.

On the other hand, C between the defendant on July 3, 2008 and the defendant on July 3, 2008, "C is less than 101" as stated in the separate sheet.

A) A lease agreement was concluded between B and B, the deposit amount of KRW 40 million, monthly rent of KRW 50,000,000, and the lease period from July 30, 2008 to July 30, 2010, and the Plaintiff paid the lease deposit around that time. The Plaintiff, based on the above judgment’s title, was issued a seizure and collection order regarding the amount of the lease deposit against C as KRW 468,603,631, the claim amount of KRW 400,000,000,000 for KRW 40,000,000,000,000,000 and KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00).

According to the facts of the above recognition as to the cause of claim, since the lease contract for 101 was terminated on July 30, 2016, and the expiration of the period is terminated, the defendant is obligated to pay 40 million won to the plaintiff as the collection right holder.

The Plaintiff asserts that the amount of the above lease deposit is KRW 80 million, and sought additional payment of KRW 40 million, but there is no evidence to acknowledge that the amount of the above lease deposit exceeds the amount recognized earlier, and therefore, the above excess portion cannot be accepted.

The plaintiff did not file an immediate appeal against the above order of seizure and collection even after the defendant was served with the above order, and thus, the defendant sought the collection money according to the above order of collection.

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