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(영문) 서울중앙지방법원 2019.11.26 2018가단5195022
추심금
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, KRW 12,192,205, and each of them on October 31, 2018.

Reasons

1. Grounds for recognition;

A. On July 27, 2015, Defendant B and D Co., Ltd. (hereinafter “D”) entered into a lease agreement on the whole of the seventh and eighth floors of Seongdong-gu Seoul building E, the lease deposit of KRW 150,000,000, monthly rent of KRW 13,000,000, management fee of KRW 2770,000, and the lease period of KRW 27770,00 ( separate value-added tax), and the lease period of July 31, 2017, and D moved into the said building after paying the said deposit to Defendant B.

D around April 29, 2016, around April 2016, it delivered to Defendant B an official document to delay the payment of rent due to the continuous progress of business and aggravation of cash flow, and thereafter, the rent for the following month is unpaid.

On October 2016, the above lease contract was terminated.

As of October 31, 2016, the remainder of the lease deposit following the termination of the above lease agreement is 24,002,10 won after deducting the unpaid rent, management expenses and brokerage fees.

B. On September 9, 2016, the Plaintiff received a decision on provisional seizure of claims (Seoul Eastern District Court 2016Kadan2780) against KRW 41,961,320 among the above lease deposit claims that D had against Defendant B. On September 20, 2016, the said decision reached the Defendant B on September 20, 2016.

On April 25, 2018, the Plaintiff filed a lawsuit against D for damages (a claim) with Seoul Eastern District Court Decision 2017Da13389, and received a favorable judgment against D, stating that “D shall pay to the Plaintiff 30,693,000 won with the interest of 5% per annum from July 30, 2016 to February 1, 2018, and 15% per annum from the next day to the date of full payment.” The above judgment became final and conclusive.

Based on the above original copy of the judgment, the Plaintiff applied for the attachment and collection order to transfer the provisional attachment to the original attachment to the Seoul Eastern District Court 2018TTTTTTT No. 57590 and received the decision of acceptance as of August 27, 2018. The above original copy was served on the Defendant B, a garnishee, on August 30, 2018.

C. Defendant C Co., Ltd (hereinafter “Defendant C”) is the debtor D and Defendant B on October 5, 2016.

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