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(영문) 서울동부지방법원 2019.11.06 2018가단104857 (1)
집행문부여의 소
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On October 2013, the Plaintiff and Selected E, F, and G (hereinafter “Plaintiff, etc.”) contracted the installation work of a postnatal care center located in the 2,3, and 4th floor of the Seoul Gangnam-gu I building (hereinafter “instant building”) with H on or around March 2014, and completed the construction work on or around March 2014, the Plaintiff filed a lawsuit against H on November 13, 2015, the Seoul East Eastern District Court 2015No37048 (hereinafter “Seoul East Eastern District Court 2015da37048 (hereinafter “instant building”). While H appealed appealed as Seoul East East District Court 2015Na7253, the said judgment became final and conclusive on October 21 of the same year upon dismissal of the appeal on September 28, 2016.

B. The Plaintiff, etc. filed an application for provisional seizure against the claim for construction price against H, Seoul Eastern District Court 2015Kadan2382, and received a provisional seizure order against the claim against H, Inc. (hereinafter “Nonindicted Company”) and received a provisional seizure order, and thereafter received a decision of the said provisional seizure order, and received a decision from the above court on January 13, 2016, the Plaintiff, etc. filed an application for provisional seizure and collection order to transfer the provisional seizure against the Seoul East Eastern District Court 2015 TaT17340 to the original seizure.

C. On December 8, 2017, the Plaintiff et al. filed a lawsuit against the non-party company with the Seoul Eastern District Court 2017Kadan1043, and received a judgment in favor of the said court that “the non-party company shall pay to the Plaintiff KRW 16,235,000, KRW 16,235,000 to the Selection, KRW 6,233,000 to the Selection, KRW 8,500,000 to the Selection, and KRW 8,50,000 to the Selection, and KRW 6% per annum from January 24, 2017 to December 8, 2017; and KRW 15% per annum from the following day to the date of full payment.”

On November 1, 2017, the Defendant concluded a lease agreement with the owner J of the instant building, setting the lease agreement as two years from November 16, 2017 to November 15, 2019, by setting the lease deposit amount of KRW 250,00,000 for the instant building, monthly rent of KRW 28,000 for management expenses, monthly management expenses, and the lease period of KRW 4 million for the instant building.

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