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(영문) 수원지방법원 성남지원 2018.11.27 2017가단227560
공탁금 출급청구권 확인
Text

1. Deposit money deposited with the Seoul Central District Court No. 20354 in September 22, 2017 as Seoul Central District Court No. 20354 on September 22, 2017

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 5, Eul evidence Nos. 1, 2 and 3:

D On August 1, 2016, between C and C, a lease contract with a deposit amounting to KRW 60,000,000 for the first floor F of the building underground (hereinafter “instant lease”) in Jung-gu, Seoul (hereinafter “instant lease”), and operated G stores in the said store (hereinafter “instant restaurant”).

B. On October 18, 2016, the Plaintiff filed an application for provisional attachment of KRW 20,000,000 out of D’s lease deposit (hereinafter “instant claim”) with the Seoul Central District Court Decision 2016Kadan810941 as the secured claim against D, and the said court served on October 28, 2016 the provisional attachment order issued on October 28, 2016 (hereinafter “instant provisional attachment”).

C. On October 20, 2016, Defendant and D drafted a written agreement with the following contents (hereinafter “instant agreement”) and obtained authentication for a deed signed by a private person, and submitted the instant agreement by directly visiting C, a lessor, on October 25, 2016.

D B B E G G G G C B

D. In the Seoul Central District Court case 2016ss. 588449 between the Plaintiff and D, the conciliation clause was established that “D shall pay KRW 170,000,000 to the Plaintiff jointly with H, which shall be divided into KRW 20,000,000 as of December 31, 2016, and KRW 30,000 as of the end of each month from January 31, 2017 to May 31, 2017 (hereinafter “instant conciliation”).

E. D paid KRW 20,00,000 to the Plaintiff on December 31, 2016 and did not repay the remainder of the debt. On the basis of the original copy of the instant conciliation protocol, the Plaintiff filed an application for the attachment and collection order with the Seoul Central District Court 2017TTT100, based on the original copy of the instant conciliation protocol, and the said court on March 17, 2017.

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