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(영문) 창원지방법원 2016.12.08 2016나55558
추심금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On December 10, 2009, D Co., Ltd. (hereinafter “D”) leased the lease deposit amount of KRW 60,000,000, KRW 1,200,000, KRW 1,200, and the period from January 1, 2010 to December 31, 2012, the lease deposit amount of KRW 60,000, KRW 1,200,00, and KRW 57 (hereinafter “instant real property”) from D Co., Ltd. (hereinafter “Rehabilitation”) (hereinafter “C”) as a common name before and after the commencement of rehabilitation procedures.

(hereinafter “instant lease agreement”). D Upon the expiration of the instant lease agreement on December 31, 2012, delivered the instant real estate to the rehabilitation company.

B. D filed a lawsuit claiming the return of the lease deposit of this case with the rehabilitation company as the court 2013da1129, and the rehabilitation company filed a counterclaim claiming a rent, etc. with D as the court 2014da1167.

On February 12, 2014, this Court rendered a judgment to the effect that the rehabilitation company shall pay the remaining lease deposit 28,121,610 won and damages for delay calculated by the rate of 20% per annum from May 4, 2013 to the date of full payment, and all of the above counterclaim claims shall be dismissed.

(hereinafter referred to as “the first instance judgment related to this case”) C.

The Plaintiff, a notary public of D, as his/her title, was issued a seizure and collection order of the claim amounting to KRW 31,228,590, the amount claimed by this Court 2014Tari2323, March 5, 2014, stating that “31,228,590, out of the refund claims of the lease deposit of this case,” and “31,228,590, out of the refund claims of the lease deposit of this case,” which was issued by the Plaintiff.

(hereinafter “instant claim seizure and collection order”). The instant claim seizure and collection order were served on March 7, 2014 to the rehabilitation company.

The rehabilitation company of this case is the court of this case 2014Na3201, and the court of first instance related to this case.

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