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(영문) 서울동부지방법원 2015.11.17 2015가단20446
추심금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in each entry in Gap evidence Nos. 1 to 8, and evidence Nos. 1 to 8.

On November 1, 2013, the Defendant leased all the first floor of the Seo-gu Daejeon District Office Co., Ltd. by setting the lease deposit amount of KRW 90 million, monthly rent of KRW 7.2 million, and the lease period of September 1, 2018.

B. On January 16, 2014, the Plaintiff: (a) had a claim based on the No. 12, 2014 No. 140,385,500 among the claims filed by a notary public against C; (b) filed an application for the seizure and collection order of the claim under the Suwon District Court No. 2014, the Defendant for the claim against C and the third obligor; (c) the said court issued a decision granting C the right to seize and collect the claim for the return of the lease deposit against C within the limit of KRW 50,385,50,00, which is KRW 50,385,50, which is the Defendant; and (d) the said decision was served on the Defendant on January 20, 2014.

C. As the Defendant did not pay the difference, the Daejeon District Court 2014Kadan15108 filed a lawsuit against the name of the building at Daejeon District Court 2014Kadan15108, and the said court rendered a favorable judgment on June 11, 2014, and the said judgment became final and conclusive around that time.

On September 14, 2014, E, the representative director of C, promised the Defendant to pay all overdue vehicles by December 31, 2014 of the same year, and deliver each letter to the Defendant (Evidence 6). The Defendant did not implement compulsory execution based on the above judgment, and C did not pay the overdue vehicles by the above deadline. After which the Defendant performed compulsory execution, C was handed over the leased building on February 25, 2015.

E. By February 25, 2015, the Defendant: (a) the number of overdue rent of KRW 99,200,000 (by November 1, 2013 until February 25, 2015); (b) the unpaid gas cost of KRW 1,573,460; and (c) the unpaid electricity charge of KRW 4,02,660; and (d) was deducted from the lease deposit; and (e) the corporeal movables auction procedure of KRW 681,500,00.

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