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(영문) 의정부지방법원 2014.12.05 2014나5181
추심금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. On December 21, 1995, the Plaintiff entered into a lease agreement with the J Co., Ltd. (hereinafter “J”) for a fixed period of KRW 90,00,000, monthly rent 300,000, monthly rent 300,000,000, and 600,000,000, and 300,000,000,000,000, and 130,000,000,000,000, and 60,000,000,000,000, and 13,000,000,000, from the date of the sale of the above leased deposit on June 1996.

On January 13, 1998, J leased approximately 20,000,000 of the above E-Ga (A), to a third party, and returned to the Plaintiff the leased deposit KRW 20,000,000,000. On January 13, 1998, the Plaintiff entered into a lease agreement between J and J on January 13, 1998, changing the remainder of the above 2 to the leased object, and the remainder of the 70,000,000,000,000,000,000,000, monthly from the 300,000,000, and thereafter (hereinafter “instant lease agreement”).

B. In addition, on May 12, 2011, the Plaintiff filed a lawsuit against J as the District Court 201Kahap5223, the Plaintiff filed a lawsuit claiming the return of the lease deposit, and in that lawsuit, the J filed a lawsuit as a counterclaim against the same court 201Gahap5230.

On January 10, 2013, the above court rendered a judgment on the Plaintiff’s principal claim that “The J shall pay to the Plaintiff 68,179,450 won and 30,000,000 won among them, 5% per annum from November 16, 2010 to January 10, 2013, and 20% per annum from the next day to the date of full payment.”

In the case of Seoul High Court 2012Na15826 (Main Office), 2012Na15833 (Counterclaim), the appellate court filed an appeal by both parties, the appellate court’s appellate court’s appellate court’s judgment as to the Plaintiff’s claim on January 10, 2013, “J” as to KRW 68,179,450 and its total KRW 30,000,000.

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