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(영문) 서울고등법원 2017.03.29 2016나2059004
추심금
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

1. Basic facts

A. On May 16, 2013, the Defendant entered into a lease agreement between the Defendant and B (hereinafter “Non-Party Company”) with the Co., Ltd. (hereinafter “Non-Party Company”), and the Defendant entered into a lease agreement with the Non-Party Company, setting the lease deposit amount of KRW 400,000,000, monthly rent of KRW 20,000 (excluding value-added tax), the last day of the monthly rent payment, and the lease term from June 30, 2013 to June 30, 2018 (hereinafter “instant lease agreement”).

B. On March 10, 2015, the Plaintiff’s provisional attachment of the rent claim of Nonparty Company against the Defendant of the non-party company up to KRW 200,00,000, out of the rent claim under the instant lease agreement, was subject to the Seoul Central District Court Decision 2015Kadan80208 (hereinafter “instant provisional attachment order”), and the said decision was served on the Defendant on March 12, 2015.

C. On December 1, 2015, the non-party company transferred the claims of the non-party company to the non-party company: (a) transferred the rent claim that the non-party company has against the defendant under the instant lease agreement; and (b) notified the defendant of the said transfer by mail with the content-proof document with the fixed date on December 14, 2015.

D. (1) On April 30, 2015, the Plaintiff filed a lawsuit against Nonparty Company 2013da52714 (Seoul Central District Court 2013da52714) and rendered a judgment on April 30, 2015 that “the Plaintiff shall pay to the Plaintiff 5% per annum from December 17, 2013 to April 30, 2015, and 20% per annum from the next day to the date of full payment.”

The judgment of the court below on March 11, 2016, 2016, 372,049, the lease agreement of this case was concluded by the Seoul Central District Court 2016TT 4461.

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