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(영문) 의정부지방법원 2015.04.23 2014가합7640
추심금
Text

1. The defendant shall pay 120,000,000 won to the plaintiff and 20% per annum from August 29, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On July 26, 2012, the Gangwon-do Resident Professional Festival Group Co., Ltd. (hereinafter referred to as “Non-Party Voluntary Festival”) concluded a lease agreement with the Defendant to lease (hereinafter “instant lease agreement”) with each of the lease deposit of KRW 120,00,000 and the period from July 26, 2012 to July 26, 2014, and paid the lease deposit.

B. On April 21, 2014, the Plaintiff filed an application for the attachment and collection order of the claim for the refund of the lease deposit under the instant lease agreement with the Defendant of the Non-Party Bapo-gu, the Chuncheon District Court rendered a decision on the attachment and collection order of the claim (hereinafter “instant claim attachment and collection order”), and the written decision was served on the Defendant on April 25, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 120,000,000 for collection and damages for delay calculated at the rate of 20% per annum from August 29, 2014 to the day of full payment, as the Plaintiff seeks, as the lease contract is concluded, after the date of delivery of the copy of the complaint in this case, to the day of full payment.

B. The defendant's assertion 1) The defendant asserts that the defendant cannot respond to the plaintiff's claim because the plaintiff's claim for the collection order against the non-party's non-party team, which was the claim for the seizure and collection order of this case, was invalid or the amount of the plaintiff's claim is altered. Thus, the non-party's claim for the collection order against the non-party team of the non-party team of the defendant's order of payment (the non-party team of the defendant's district court 2013Ra196) was filed against the plaintiff.

In addition, the defendant filed a lawsuit of objection against the above claim.

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