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(영문) 서울북부지방법원 2020.12.11 2020가단4406
추심금 등
Text

Defendant B shall deliver to Defendant C the real estate listed in the attached list.

Defendant C shall list the attached list from Defendant B.

Reasons

1. Facts of recognition;

A. On April 24, 2018, Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C for the lease deposit of KRW 70,000,000, monthly rent of KRW 1,000,000, and from June 30, 2018 to June 29, 2020, Defendant C paid KRW 70,000 as the lease deposit to Defendant C and received delivery of the instant real estate.

B. On November 20, 2018, the Plaintiff filed a lawsuit against Defendant B for revocation of a fraudulent act with Seoul Northern District Court 2018Kadan144707, and on February 12, 2019 of the instant case, the conciliation of the following (hereinafter “instant conciliation”) was established in the conciliation procedure.

Defendant B shall be paid KRW 79,00,000 to the Plaintiff jointly and severally with D, on condition that KRW 500,000 shall be paid as at the end of each month from June 30, 2019 to August 31, 2019, and KRW 1,00,000 shall be paid as at the end of each month from September 30, 2019 to the full payment date, respectively.

(In the case of legal holidays, the following day shall be paid: Provided, That if the above payment date is three or more times (in the case of non-speed), the interest on the division and the due date shall be lost, and the unpaid amount shall be paid by adding 15% interest per annum from the day after the second payment date to the day of full payment.

The plaintiff shall deduct part of the money from the amount of paragraph (1) above when he receives it from the attached deposit account of D.

Defendant B transferred to the Plaintiff the claim for refund of KRW 70,000,000, which was returned from Defendant C with respect to the instant real estate as security under paragraph (1).

However, if the defendant B moved to another place and leases the above house with the above deposit, the plaintiff shall cooperate with it, and the defendant B shall transfer the right to refund the deposit to the plaintiff.

(hereinafter omitted)

C. On March 6, 2019, the Plaintiff collected KRW 5,482,902 against D’s claims against E Bank.

Defendant B and D have performed the obligation following the instant conciliation.

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