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Reasons
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(영문) 인천지방법원부천지원 2020.02.14 2019가단17869
추심금
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1. The Defendant’s KRW 80,000,000 as well as to the Plaintiff’s KRW 20% per annum from April 21, 2006 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On May 6, 2003, the Seoul District Court Decision 2003Kadan5768 dated May 6, 2003, the Plaintiff was issued a provisional attachment order with respect to KRW 127,129,430 among the claims for the refund of the lease deposit against the Defendant of D, E, F, G, and H in Incheon Gyeyang-gu I Ground Building.

B. The defendant and H sell the Gyeyang-gu I 549.8 square meters in Incheon, which were owned by each of the shares of 1/2 on June 4, 2003, and the same year.

6. 28. Accordingly, the registration of ownership transfer was completed.

C. On November 20, 2003, the Plaintiff filed a lawsuit against D, E, and F for the claim of KRW 87,129,430, deposit money of KRW 40,000 against North Korea Branch of Seoul District Court (2003Gahap2219), and was sentenced to a judgment that included the following order, and the above judgment was finalized on December 18, 2003.

“D, E, and F shall jointly and severally pay to the Plaintiff 127,129,430 won and 5% per annum from April 27, 2003 to May 31, 2003; and 20% per annum from the next day to the day of full payment.”

D. According to the above judgment, the Plaintiff was issued a provisional seizure and collection order by the Seoul Northern District Court Order 2004Ma1779 dated May 3, 2004 with respect to the amount, etc. up to KRW 80,00,00 among the claims for refund of lease deposit paid to the Defendant when D, E, and F concluded and leased a lease contract with the Defendant on the above building.

E. On July 19, 2006, the Plaintiff filed a lawsuit against the Defendant for the performance of the claim for refund of the lease deposit amounting to KRW 80,000,000 against the Defendant according to the above claim attachment and collection order against the Defendant under the Busan District Court Branch Branch of the Incheon District Court (2006Gadan19001), and was sentenced to a judgment without holding any pleadings as follows. The above judgment was finalized on August 10, 2006.

“Defendant shall pay to the Plaintiff KRW 80,000,000 with the interest of KRW 20% per annum from April 21, 2006 to the day of full payment.”

F. The defendant's appeal period has passed after the above decision on the above side support.

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