(영문) 서울북부지방법원 2016.11.10 2015가합23530

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(영문) 서울북부지방법원 2016.11.10 2015가합23530

압류채권 지급 청구

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1. The Defendant: (a) KRW 722,200,000 for the Plaintiff and KRW 20% per annum from June 20, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff has 42 cases of total arrears and 25,896,203,820 won of total delinquent tax amount, as indicated in the attached Table “The Schedule of Non-Party Company’s Default” against ABS and CBS Co., Ltd. (hereinafter “Non-Party Company”).

B. On February 27, 2009, the non-party company concluded a lease agreement of 120 million won, monthly rent of 4.2 million won, monthly rent of 4.2 million won, monthly rent of 301, 302, 304, 305, and 306 of the building located in Seongbuk-gu Seoul (hereinafter “the building in this case”) with respect to the second floor of 201, 202, 204, 205, 206, and 207, and the deposit amount of 4.2 million won, monthly rent of 301, 302, 303, 304, 305, and 306 of the building in this case. The lease agreement of 120 million won, monthly rent of 700,000 won (each of 700,000 won), and all of the deposit money of 16.4 million won, March 1, 2009.

C. The director of the Seongbuk-do tax office on September 8, 2009

According to each lease agreement stated in paragraph (1), the non-party company issued a notice of seizure of the claim that the non-party company seizes the rent claim against the defendant as of September 7, 2009. On July 11, 2013, the date of conclusion of the lease agreement as to No. 203 and No. 307 cannot be known, but according to the overall purport of statement and pleading as to No. 7-1, it seems that the lease agreement was additionally concluded between the non-party company and the defendant as to No. 203 and No. 307 of the building of this case.

Pursuant to this, the non-party company issued an additional notice of the attachment of claims to the effect that the non-party company seizes the rent claim against the defendant as of July 9, 2013, and each of the above notices of attachment of claims reached the defendant around each day of delivery.

(hereinafter referred to as the above lease agreement and each of the lease agreements described in subsection (b) are referred to as "each of the instant lease agreements."

After the notification of seizure of each of the above claims reaches the defendant, from October 2009 to June 2015.

유사 판례

-서울북부지방법원 2016. 11. 10. 선고 2015가합23530 판결

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