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(영문) 서울남부지방법원 2017.02.10 2016가단238902
추심금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 97,96,654 and KRW 68,786,113 among them from June 23, 2016 to the date of full payment.

Reasons

1. Facts of recognition and judgment

A. The Plaintiff is a creditor who has a loan claim against B.

The Plaintiff, as Seoul Southern District Court 2015Kadan4492, filed an application with the Defendant for provisional attachment on September 10, 2015, the provisional attachment order was served on the Defendant on the lease of No. 2504 and No. 2502 of the D Building 1, Yeongdeungpo-gu Seoul, and the claim amounting to KRW 85,88,413 for the monthly rent claim against the Defendant. The provisional attachment order was served on the Defendant on September 10, 2015.

The Plaintiff filed a lawsuit against B seeking the payment of the above loan as Seoul Southern District Court Decision 2016Da202217, and won the lawsuit against B, and thereafter, the provisional attachment was transferred to the principal seizure by 2016TTT6225, and the amount of the claim was extended to 97,99,654 won (i.e., seizure and collection of the debt amounting to 85,888,413 won prior to the seizure and collection of the debt amounting to 12,108,241 won). The above decision was issued on May 4, 2016 and served on the Defendant on May 10, 2016.

On the other hand, the monthly rent of the above D Building 2504 and 2502 was 9.9 million won until March 2016, but was 9.9 million won since April 2016.

In addition, from August 2016, the defendant terminated the lease contract for the above D Building 2502 and uses only the above D Building 2504 won for monthly rent of 4.5 million won.

After the provisional attachment order was served on the Defendant until November 2016, the unpaid monthly rent to B for the foregoing D Building 2504 and 2502 or the above D Building 2504 is the total of KRW 123,300,000.

On January 29, 2016, the Defendant agreed to cover the unpaid monthly rent of KRW 24.8 million for the above D D building 2.5 million, and the unpaid monthly rent of KRW 5.2 million for the above D building 2.5 million, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 8, the purport of the whole pleadings

B. According to the facts of the above recognition 1, the defendant shall make a provisional attachment order against the plaintiff, the collection obligee who subrogated B, and the above provisional attachment.

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