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(영문) 수원지방법원 안산지원 2018.03.08 2017가합10326
추심금
Text

1. The Plaintiff:

A. Defendant B’s KRW 140,500,000 and interest rate of KRW 15% per annum from February 6, 2018 to the date of full payment.

Reasons

1. Indication of claim;

A. The Plaintiff is an owner of G factory site of 2,405 square meters in Silung-si.

On November 24, 2016, the Plaintiff filed a lawsuit seeking land rent, etc. with this Court against F, the owner of the above land building, and was sentenced to the judgment that “Defendant F shall pay KRW 425,313,72 to the Plaintiff” on November 24, 2016.

B. The Plaintiff received a provisional execution clause as to the above judgment and received a seizure and collection order with regard to the rent claim as to each real estate listed in paragraphs (1) through (3) of the attached Table No. 2017 as the debtor F, 3 debtor B, C, and D as the debtor F, 3 debtor B, C, and D under this Court 207TT 10794, as follows:

(H) B CD H G G G G I JK

C. Defendant B and D were served on February 9, 2017, and Defendant C received a collection order on February 10, 2017, respectively. D.

The plaintiff was granted provisional execution clause to the judgment mentioned in the above paragraph (a) and was issued a collection order for the following claims against the rent claim as to the real estate mentioned in the attached Table No. 4 as the debtor F and the third debtor E Co., Ltd., by designating as the debtor F and the third debtor Co., Ltd. as the debtor F and the third debtor Co., Ltd.:

E G K

E. Defendant E received the above order of seizure and collection on September 13, 2017.

F. Defendant B is obligated to pay 40,50,000 won (=4,50,000 won x 9 months) equivalent to the rent from February 10, 2017 to November 9, 2017, following the date of serving the notice of the decision on the seizure and collection order of the claim (i.e., the amount calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 6, 2018 to the date of serving the copy of the complaint of this case) and the amount calculated at the rate of 15% per annum as from February 6, 2018 and from November 10, 2017 to November 134, 061,722 won until it is delivered to Nonparty F or until the real estate listed in attached list 1 is delivered to Nonparty F.

G. Defendant C: (i) 22,50,000 won (=2,50,000 won x 9 months) equivalent to the rent from February 11, 2017 to November 10, 2017, following the date of service of the decision on the seizure and collection order; and (ii) a duplicate of the complaint of this case.

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