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(영문) 수원지방법원 용인시법원 2017.02.16 2016가단142
청구이의
Text

1. The Defendant’s decision on performance recommendation for the collection amount of Suwon District Court No. 2016Gaso8942 against the Plaintiff is made.

Reasons

1. Facts of recognition;

A. On July 25, 2014, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with respect to KRW 10 million, monthly rent of KRW 1.3 million, monthly rent of KRW 1.3 million, and from August 2, 2014, with respect to the pertinent shopping district (hereinafter “instant shopping district”) on July 25, 2014 (hereinafter “instant lease agreement”).

B. The Defendant: (a) made the loan claim against C as a preserved claim; (b) received the decision of provisional seizure of the claim against C and the garnishee as the Plaintiff (U.S. District Court 2014Kadan4844); and (c) received the said decision on September 22, 2014 by the Plaintiff.

After that, the Defendant filed a lawsuit against Suwon District Court No. 2015 Ghana1355, and was sentenced by the above court on September 8, 2015 to the effect that “The Defendant (C) shall pay to the Plaintiff (B) the amount of KRW 9 million and the amount calculated at the rate of 25% per annum from August 1, 2014 to the date of full payment.” The above judgment (hereinafter “final judgment of this case”) is the same.

No. 10.2. It was finalized on October 2.

C. On January 1, 2015, C operated a restaurant in the instant commercial building, and transferred the instant commercial building to the Plaintiff on January 1, 2015, and the instant lease agreement terminated.

On October 26, 2015, based on the final judgment of this case, the Defendant received a seizure and collection order (U.S. District Court 2015TTTT 20878) from the transfer of provisional seizure to the original seizure, and the said order was served on the Plaintiff on October 29, 2015.

E. Based on the above collection order, the Defendant filed a lawsuit against the Plaintiff seeking payment of the collection amount under this Court 2016 Ghana8942. On July 23, 2016, the Plaintiff did not object to the decision on performance recommendation, and thus, the said decision on performance recommendation (hereinafter “the instant decision on performance recommendation”) became final and conclusive as it is.

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 3 (including branch numbers if there are branch numbers), the purport of the whole pleadings.

2. Judgment on the parties’ assertion

(a)a performance bond;

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