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(영문) 수원지방법원 2015.07.17 2014나44816
추심금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On August 5, 2011, the Plaintiff filed an application for provisional attachment of the claim for the repayment of the commercial lease deposit (hereinafter “the claim for the return of the lease deposit of this case”) with respect to the real estate in the separate sheet No. 2011Kadan3504, which C had against the Defendant (hereinafter “the real estate of this case”). The said court issued a provisional attachment order on September 17, 201 (hereinafter “the provisional attachment order of this case”) and served on the Defendant, the garnishee, as the obligor, on September 6, 2011.

B. On March 5, 2014, the Plaintiff filed a request for the issuance of a seizure and collection order (hereinafter “instant seizure and collection order”) to transfer the provisional seizure to the original seizure under Article 2014TTT208 of the Suwon District Court Ansan-do Branch Branch of the Suwon District Court (Seoul District Court Decision 2013Da17214 decided Jan. 16, 2014), following the judgment of the principal claim seeking the payment of loan claims against C (hereinafter “the instant provisional seizure and collection order”).

The above court transferred the provisional seizure of KRW 80,000,000 among the claims pursuant to the above provisional seizure order to the original seizure, and additionally attached KRW 11,422,560 to the plaintiff and granted the right of collection.

Meanwhile, the instant order of seizure and collection was served on March 12, 2014 to the Defendant, who is the garnishee.

C. On December 26, 2007, the Defendant leased the instant real estate to C with a deposit of KRW 250,000,000, monthly rent of KRW 5,500,000, and the period from March 31, 2008 (five years).

C was transferred to the Defendant on April 30, 2014, after the lease contract was terminated while operating the instant real estate as a restaurant.

E. D filed an application for provisional attachment against the claim claim amounting to KRW 19,162,089, total amount of KRW 50,000,000,000,000 and the agreed interest thereon to C as the leased principal claim amounting to KRW 119,162,089, which was the Suwon District Court’s Ansan Branch 2014Kadan3176, and the said court rendered a provisional attachment order on December 10, 2014.

【Ground for recognition” has no dispute, A No. 1.

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