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(영문) 인천지방법원부천지원 2016.09.01 2016가단102605
추심금
Text

1. The Defendant’s KRW 11,879,700 as well as its annual rate from July 8, 2016 to September 1, 2016, and the next day.

Reasons

1. Basic facts

A. On April 2, 2010, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with B Co., Ltd. (hereinafter “Nonindicted Company”) by setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 2,000,000, and the term of lease from June 15, 2010 to June 14, 2012 with respect to the general steel structure and other roof (hereinafter “instant factory”).

Since then, on September 2013, the Defendant and the Non-Party Company agreed to reduce the monthly rent to KRW 1,000,000, when the instant lease contract was implicitly renewed.

B. The Defendant paid to the Nonparty Company the monthly rent under the instant lease agreement from June 2010 to November 201, 2012, and did not pay that monthly rent between November 2012 and August 2013.

In other words, the defendant is again the defendant.

As described in paragraph (1), the non-party company paid a total of KRW 10,370,300 to the non-party company for monthly rent from September 2013 to November 2014, but the remaining monthly rent was overdue, and on December 5, 2015, the factory of this case was handed over to the non-party company.

C. On January 25, 2013, the Plaintiff filed an application for a payment order with Nonparty Company claiming KRW 40,000,000 and damages for delay thereof (Seoul District Court Decision 2013Da146, Incheon District Court Decision 2013Da146, Jan. 25, 2013). The said payment order was finalized on February 19, 2013.

The Plaintiff, based on the above payment order, filed an application for a seizure and collection order as to the claim for monthly rent under a lease agreement with the Defendant by the non-party company as the principal amount of KRW 62,597,260 (=interest of KRW 40,000,000 in interest of KRW 22,597,260 in interest of KRW 20). The above court rendered a ruling of citing the above order on December 4, 2015. The above ruling was served on the Defendant on December 28, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, and Eul evidence 6, respectively.

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