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(영문) 서울동부지방법원 2016.02.03 2015나24234
추심금
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Defendant leased and operated the Seoul Special Metropolitan City Nowon-gu 2nd floor D Lestop (hereinafter “instant store”) with a deposit of KRW 12,650,000,000 per month and KRW 2,40,000 per month, and agreed on the issue of transfer of E and the right to the instant store.

B. On May 30, 2007, the Defendant prepared a “business contract” (No. 4) with respect to the instant store (hereinafter “instant business contract”), and the following day, a notary public obtained certification from the law firm (No. 1781) with respect to the law office, etc. at the law office, and received KRW 50 million from E around that time.

C. On June 5, 2007, the Plaintiff filed a lawsuit against E as Seoul Central District Court 2007Kadan38320 on the completion of the instant remodeling project by receiving KRW 100 million, but the Plaintiff failed to receive the said construction cost, and ordered E to pay “41,145,300 won and the amount calculated at the rate of 5% per annum from October 5, 2007 to July 10, 2008, and the amount calculated at the rate of 20% per annum from the next day to the day of full payment.” The Plaintiff received the order from the appellate court (Seoul Central District Court 2008Na26277) to pay KRW 27,00,000 (value-added tax) until December 31, 2008, and in the event of non-performance, it shall be paid by the first instance court 208.”

(E) The Plaintiff did not pay the obligation to the Plaintiff by December 31, 2008, which was due date in accordance with the above Reconciliation Recommendation.

On December 31, 2008, the Plaintiff: (a) the Seoul Western District Court Decision 2008TTTT12859, the title of enforcement; (b) the claimed amount as KRW 46,528,006; (c) E; (d) the obligor and the Defendant as the third obligor; and (e) the third obligor, of KRW 126,50,000, E, holding with the Defendant at KRW 35.7% equity in the partnership business of KRW 45,160,00; and (b) the sales of the partnership business with respect to the instant store at the time of termination.

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