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(영문) 서울중앙지방법원 2015.12.17 2015가단10590
추심금
Text

1. Defendant B shall deliver to Defendant C and D a double-story of 86.18 square meters among the real estate listed in the separate sheet.

2. Defendant C and D shall:

Reasons

1. Facts of recognition;

A. On February 5, 2012, Defendant B leased the two-story multi-story 86.18 square meters (hereinafter “instant real estate”) from Defendant C and D (hereinafter “Buss Defendants”) for the term of February 5, 2013, by setting the deposit amount of KRW 25,000,000, monthly rent of KRW 1,300,000 (excluding value-added tax) and the lease period of February 5, 2013.

(hereinafter “instant lease agreement”). B.

In the Seoul Central District Court 201GaGa17371 loan claim filed by the Plaintiff against Defendant B, Defendant B paid KRW 54,90,000 to the Plaintiff until May 31, 2011. If Defendant B fails to pay the said money by the payment date, the amount of money plus KRW 1,000,000 per month from the day following the payment date to the day of full payment shall be paid. The Plaintiff waives the remainder of the claim (hereinafter referred to as the “instant conciliation decision”) was finalized on May 18, 2011 as a substitute for conciliation as of May 18, 201 (hereinafter referred to as the “instant conciliation decision”).

C. On November 4, 2014, the Plaintiff asserted that, according to the instant conciliation decision, the Plaintiff only 15,574,920 won was satisfied by either receiving 35,912,540 won or forced execution after the instant conciliation decision, and only 15,574,920 won was remaining, the Plaintiff asserted that the Defendant filed a lawsuit against the Plaintiff on the instant conciliation decision to determine the propriety of the claim, and that the claim against the Plaintiff could only be determined by filing a lawsuit against the Plaintiff, and that the claim against the Plaintiff could not be a legitimate ground for defense in this case.

except that this shall not apply.

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