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(영문) 서울동부지방법원 2015.07.24 2015나20287
추심금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On June 13, 2013, Nonparty Co., Ltd. leased a lease deposit of KRW 280.98 square meters for the first floor store of the F-based building in Gwangjin-gu Seoul Special Metropolitan City by up to October 31, 2013, with the lease deposit of KRW 50 million, monthly rent of KRW 4.7 million (excluding value-added tax), and the lease term of KRW 4.7 million.

B. On August 23, 2013, a notary public, at the commission of an agent I of the non-party company and the Plaintiff, lent KRW 280 million to the non-party company on August 23, 2013, a notarial deed under a monetary loan agreement (hereinafter “notarial deed of this case”) stating that “When the non-party company fails to perform its monetary obligation under this contract, it was immediately recognized that there was no objection even if compulsory execution.”

C. On October 21, 2013, the Plaintiff received a claim for the return of the lease deposit against Nonparty Company C (hereinafter “the claim for the return of the lease deposit in this case”) from the Seoul Eastern District Court 2013TTT17874, based on the instant authentic deed, and issued a seizure and collection order as to the claim for the return of the lease deposit in this case. The written decision was served to C on October 25, 2013.

On the other hand, on July 12, 2013, Nonparty Company entered into an agreement on the assignment of claims for the refund of the instant lease deposit (hereinafter “instant contract on the assignment of claims”) with the Defendant, and H delegated the authority to notify the assignment of claims by the Nonparty Company and the Defendant on October 17, 2013, sent a notice of the transfer of claims (the notifying person is indicated as the non-party company, the official seal of the non-party company is affixed, and the sender is indicated as the Defendant) to C by means of content-certified mail, and the said notice reached C on October 18, 2013.

E. C deposited KRW 39,421,700 remaining after deducting the overdue rent, etc. from the instant lease deposit on November 22, 2013 as follows (hereinafter “instant deposit”).

Person to whom a deposit is made: Nonparty.

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