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(영문) 수원지방법원안양지원 2020.09.10 2018가단116581
기타(금전)
Text

1. The Defendant’s KRW 37,500,000 as well as 15% per annum from November 14, 2018 to May 31, 2019 to the Plaintiff.

Reasons

Facts of recognition

On July 27, 2015, Nonparty C entered into a lease agreement with the deceased (hereinafter “instant lease agreement”) on the lease deposit amounting to KRW 90 million with respect to the fourth floor building on the ground of E (hereinafter “instant building”) (hereinafter “instant building”) and the term of lease from September 2, 2015 to September 1, 2017, with respect to the lease deposit amounting to KRW 90 million (hereinafter “instant real estate”).

On February 1, 2017, with a view to preserving the claim against C for the agreed amount, the Plaintiff was issued a provisional attachment order of the claim amounting to KRW 200 million against C’s claim amount as to the claim for the return of the lease deposit against C’s deceased (hereinafter “instant provisional attachment order”) by Seoul Central District Court 2017Kadan80193, and served on the deceased, a garnishee, on March 16, 2017.

The Deceased died on June 14, 2017, and the deceased’s heir was his spouse G and the Defendant, his child, and the Defendant completed the registration of ownership transfer in the name of the Defendant, based on a consultation and division as to the real estate owned by the Deceased including the instant building, under the receipt of the Suwon District Court’s Sungwon District Court Decision No. 118592 on June 28, 2017.

On September 1, 2017, the Defendant received the instant real estate from C and paid KRW 37,50,000,000 after deducting KRW 50,000,000,000,000 for lease deposit of the instant lease agreement from C, and the overdue management expenses, etc.

On December 22, 2017, the Plaintiff filed a lawsuit against C and I with the Seoul Central District Court 2017da500530 agreed amount, and received a judgment that “C and I jointly pay to the Plaintiff 120,000,000 won and 100,000,000 won with the interest rate of 15% per annum from January 10, 2017 to the date of full payment; 20,000,00 won with the interest rate of 5% per annum from January 10 to December 22, 2017; and 15% per annum from the next day to December 22, 2017.”

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