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(영문) 서울중앙지방법원 2015.01.23 2014가단30573
추심금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On December 16, 2013, the Plaintiff (Appointed) received a seizure and collection order as to the following claims against the Defendant (third obligor) of the Daegu District Court Decision 2009Gahap22766 and the Defendant (third obligor) issued by the Daegu District Court Kimcheon- Branch 2013TT4282 on December 16, 2013:

On December 20, 2013, the above order was served on the Defendant.

With respect to lease under subparagraph 2, 202, 205, 210, 211, 212, and 213 among the second floor under the underground floors of the D Building in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, the amount up to the above amount claimed by the debtor out of the rent, unjust enrichment equivalent to the rent, and damages claim.

B. Around October 29, 2009, the Defendant (Lessee) entered into a lease agreement with C (Lessor) and each of the instant stores, with a deposit of KRW 50,000,000, monthly rent of KRW 3,000,000 (excluding value-added tax), and a one-year period of KRW 1 year (hereinafter “instant lease agreement”).

At the time of the instant lease agreement, the Defendant agreed to provide C with 36 square meters of the instant 213 shop as an office (hereinafter “instant office”).

C. The Defendant does not pay monthly rent to C from September 2012.

[Reasons for Recognition] Facts without dispute, entry of Gap 1, 5, and 6 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the Defendant is obligated to pay C the rent of KRW 52,80,000 (16 months x 3,300,000) from September 1, 2012 to December 31, 2013, and the Defendant is obligated to pay C the rent of KRW 3,300,000 per month from January 1, 2014 to the delivery of the instant store to C.

B. Ultimately, the defendant is obligated to pay the above 52,80,000 won and 3,300,000 won to the plaintiff (appointed party) and the appointed party who received the seizure and collection of the above fee claim, as shown in the separate sheet of claim amount by each designated party.

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