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(영문) 광주지방법원 2012.02.10 2011가합6795
전부금
Text

1. The Plaintiff:

(a) Defendant A, B, C, D, E, F, G, H, I, J, K, L, M, N,O, and P: 13,712,755 won, respectively;

(b) rest;

Reasons

1. On July 31, 1996, a national bank loaned KRW 600 million to New Construction Co., Ltd. (hereinafter “New Construction”), and on November 4, 2004, transferred the principal and interest of the loan to the Plaintiff KRW 846,312,996.

The Defendants: (a) concluded a lease contract with respect to each of the respective units of the land RR apartment owned by the New Construction Co., Ltd. in Qu in 197 between the New Construction Co., Ltd. and the New Construction Co., Ltd. (hereinafter “New Construction Co., Ltd.”); (b) the period of 14,850,000 won for each lease deposit; (c) the period of 226,000 won for each rent; and (d) the period of 26,000 won for each lease; and (c) had been impliedly renewed from June 197 to the relevant lessee; (d) the New Construction Co., Ltd. failed to pay rent from February 198.

(A) The Plaintiff, as alleged by the Defendant K, N, and S, sub-leases or transfers each leased household to a third party, barring any special circumstance such as lessor’s consent, and thus, is not exempt from the said Defendants’ obligation to pay the rent. On September 7, 2005, the Plaintiff filed a lawsuit (Seoul Central District Court 2005Gahap10758) against the Plaintiff for the claim for the payment of the rent (Seoul Central District Court 2005Gahap10758) and filed the judgment against the new construction on September 7, 2005, and rendered the said judgment as the enforcement title, which became final and conclusive after the Defendant was sentenced to the judgment that “Japan Construction would pay to the Plaintiff the amount of KRW 846,312,96, and the delay damages therefor,” and the instant assignment order was served on the Defendants and became final and conclusive by April 14, 2009.

Therefore, Defendant S’s assertion that the entire amount of the garnishee’s claim on November 21, 2008, 12008, 14050, 12008, 14050 on the date of case number No. 1208, Y, G, AA, H, AB, AC, AD, K, K, L, AE, S, P, AF, P, 208, 208, 13,712,755 won, 208, 2008, 15830 on November 20, 2008, among the overdue claims against Defendant T, UA, AI, N, 3209, 149, 209, 149.2.11, 2009, AJ, BD, ES, AD construction, AM, ES, AF, ES, AG construction, and AG New Construction.

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