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(영문) 인천지방법원 2017.12.12 2016나57758
추심금
Text

1. Of the judgment of the court of first instance, the part against the defendant B in excess of the money ordered to be paid below shall be revoked and above.

Reasons

1. Facts of recognition;

A. On March 17, 2010, the Plaintiff entered into an entrustment management contract for the management of the Seo-gu Incheon Metropolitan Commercial Building (hereinafter “C building”) with the instant management body (hereinafter “instant management body”) and managed the C building until the contract is terminated on July 13, 2010.

Defendant A is the sectional owners of the C Building 403 and the Defendant B are the sectional owners of the C Building 401.

B. The Plaintiff filed a lawsuit against the instant management body to claim service costs against the appellate court (Seoul District Court Decision 2012Na22310), and finally, 9,369,950 won and the interest rate of 6% per annum from June 14, 2011 to February 11, 2014, and 20% per annum from the next day to the date of full payment (hereinafter “instant service costs claim”).

C. On January 4, 2016, the Plaintiff issued a collection and attachment order (hereinafter “instant seizure and collection order”) with respect to “the amount up to KRW 7,329,09,093 out of the monthly management expenses that the instant management body received against Defendant A for KRW 403” and “the amount up to KRW 7,00,000 out of the management expenses that the management body received against Defendant C building 401 each month.”

On February 7, 2013, the instant management body entered into a comprehensive management service contract for buildings C with Daelim MM Co., Ltd. (hereinafter “TMMM”), and around that time, the Daelim MM market managed the buildings C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, D's testimony of a witness at the trial, fact-finding of the court of the trial at the trial at the trial court at the trial, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff is obligated to pay monthly the management expenses to the management body of this case based on the seizure and collection order of this case. 7,329.

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