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(영문) 서울중앙지방법원 2019.04.16 2017가단5169309
추심금
Text

1. The Plaintiff:

A. Defendant B’s KRW 97,500,000 and for this, KRW 5% per annum from June 1, 2016 to October 29, 2018.

Reasons

1. Determination as to the claim against the defendant B

A. Facts of recognition 1) D Co., Ltd. (hereinafter “D”).

) The Seoul Special Metropolitan City E-gi 259.5 square meters and F large 3,199.7 square meters on the ground of 4 underground floors and 10 square meters on the ground of 199.7 square meters, G main multi-family apartment (hereinafter “instant main multi-family apartment”).

2) On March 23, 2012, H entered into a sales contract with D on the first floor of the main apartment complex of this case, and subsequently changed the object of sale into the first floor of the main apartment of this case into the first floor of the main apartment of this case (hereinafter “the first floor”).

3) On the premise that H pays KRW 230,000,000,000 to H, H consented to the use and profit-making of H’s 1st underground floor I. H on January 13, 2014, on the condition that Defendant B provided the lease deposit of KRW 700,000,000 (excluding value-added tax, KRW 22,000,000 per month, monthly rent (excluding value-added tax, KRW 25,000 per month), and period of lease from March 25, 2014 to March 25, 2019 (hereinafter “instant lease contract”).

(4) On August 21, 2014, as a special agreement at the time, “10,000 won (including value-added tax) out of the monthly rent (including value-added tax) should be paid to D, an executor,” and at the time, Defendant B transferred the instant lease agreement to the Plaintiff on August 21, 2014 (including KRW 11,00,000 per month, and value-added tax) and approved the assignment of the said rent.

5) From August 26, 2014 to August 28, 2015, Defendant B deposited KRW 1,100,000 per month in the name of J account in which the Plaintiff or the Plaintiff’s representative director was the Plaintiff, and deposited KRW 1,50,000 per month in the name of J on October 26, 2015. 6) On June 1, 2016, H sent to Defendant B a written notice to the effect that “The monthly rent to be paid in D is notified of the suspension of payment from April 2016 under a special agreement.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, Eul evidence Nos. 1, 2, 3, 8, and 11, and arguments.

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