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(영문) 수원지방법원안양지원 2014.10.29 2014가단7658
추심금
Text

1. The defendant shall pay 80,000,000 won to the plaintiff and 20% per annum from May 1, 2014 to the day of complete payment.

Reasons

1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence 1 to 5, and Gap evidence 7, with a comprehensive view to the whole purport of the pleadings:

On August 5, 2011, the Plaintiff filed an application for provisional attachment against C with respect to the refund claim of commercial lease deposit (hereinafter “the refund claim of the lease deposit of this case”) in relation to the real estate in the attached Form No. 201Kadan3504, which C had against the Defendant (hereinafter “the instant real estate”) as the claim for the loan claim against Suwon District Court, and the said court rendered a provisional attachment order on September 17, 201 (hereinafter “the provisional attachment order of this case”), which was served on the Defendant, the garnishee on September 3, 201.

B. On March 5, 2014, the Plaintiff filed a request for the issuance of a seizure and collection order (hereinafter “instant seizure and collection order”) to transfer the provisional seizure to the original seizure under Article 2014TTT208 of the Suwon District Court Ansan-do Branch Branch of the Suwon District Court (Seoul District Court Decision 2013Da17214 decided Jan. 16, 2014), following the judgment of the principal claim seeking the payment of loan claims against C (hereinafter “the instant provisional seizure and collection order”).

The above court transferred the provisional seizure of KRW 80,000,000 among the claims pursuant to the above provisional seizure order to the original seizure, and additionally attached KRW 11,422,560 to the plaintiff and granted the right of collection.

Meanwhile, the instant order of seizure and collection was served on March 12, 2014 to the Defendant, who is the garnishee.

C. On December 26, 2007, the Defendant leased the instant real estate to C with a deposit of KRW 250,000,000, monthly rent of KRW 5,500,000, and the period from March 31, 2008 (five years).

C was transferred to the Defendant on April 30, 2014, after the lease contract was terminated while operating the instant real estate as a restaurant.

2. According to the factual basis of the judgment on the cause of the claim, the Defendant, barring any special circumstance, raises to the Plaintiff who received a seizure collection order regarding the claim to return the lease deposit of this case.

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