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(영문) 서울중앙지방법원 2016.03.29 2015가합539395
추심금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 18, 2013, Nonparty D prepared and delivered to the Plaintiff a promissory note No. 2755, a notary public, with the value of KRW 50 million at the face value of KRW 276,000,000,000 in face value of KRW 80,000,000,000 to the Plaintiff.

B. On May 6, 2013, D, among the F Hotel buildings located in Gangnam-gu Seoul (hereinafter “instant building”), leased the entire underground floor to G, Defendant B, as KRW 400 million per month of lease deposit, and KRW 65 million per month of rent. Of the instant building, D determined the entire two floors of the instant building as KRW 300 million of lease deposit and KRW 60 million per month of rent to H and Defendant C.

C. The Plaintiff was against the Defendants, etc.

The plaintiff asserted that he/she has a rent claim based on the lease agreement stated in the subsection (hereinafter referred to as "lease claim of this case"), and that he/she is the plaintiff D.

No. 150,00,000 won per defendant among the instant rent claims in D under this Court No. 2014T No. 29909, the notary public, as executive title, filed an application for the seizure and collection order of the amount until the amount reaches the amount of KRW 150,000,000 per defendant among the instant rent claims in this case. On October 27, 2014, the above court issued a seizure and collection order of the claim (hereinafter “the instant collection order”) on which October 30, 2014, which became effective.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 5, the purport of the whole pleadings

2. The parties' assertion

A. Based on the collection order of this case, the Plaintiff asserted the payment of KRW 150 million, respectively, to the Defendants based on the collection order of this case.

B. On September 4, 2013, the Defendants’ assertion 1 filed against G, H, and I, including the Defendants, who are joint lessees of the first, second, and third floors underground of the instant building, based on all claims, including the Plaintiff’s promissory note payments against D, that D holds against the above lessee.

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