대여금등
1. Defendant C shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.
2. The plaintiff, Ga.
1. Facts of recognition;
A. The Defendant Korea Land and Housing Corporation: (a) leased real estate listed in the separate sheet to Defendant C from April 24, 2017 to May 31, 2019; (b) the deposit amount of KRW 66,617,00; and (c) monthly rent of KRW 112,740.
B. On April 13, 2017, the Plaintiff loaned KRW 66,600,00 to Defendant C. From September 28, 2018, Defendant C began to pay interest on the said loan and delayed payment of the principal and interest amounting to KRW 68,958,178 as of March 6, 2019. The overdue interest rate is 24% per annum.
C. At the time of the above loan, Defendant C set up a pledge on the claim for refund of KRW 66,617,00 against the Defendant Korea Land and Housing Corporation for the Plaintiff, and at that time notified the Defendant Korea Land and Housing Corporation of the pledge.
[Reasons for Recognition] Defendant C: Confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act)
2. Determination
A. Defendant C is obligated to pay to the Plaintiff interest in arrears or delay damages calculated at the rate of 24% per annum from March 6, 2019 to the date of full payment of the principal and interest of 68,958,178 won and the principal of 66,60,000 won among them.
B. The lease agreement between the Defendants was terminated upon the expiration of the term.
Therefore, Defendant C has a duty to deliver the building stated in the attached Form to the Korea Land and Housing Corporation.
C. At the same time, the Defendant Korea Land and Housing Corporation is obliged to pay the Plaintiff the remainder of the amount calculated by deducting all the claims, such as overdue rent, management fee, etc. arising from the lease agreement between the Defendants from KRW 66,600,000,000, until the delivery of the said real estate is completed.
3. According to the conclusion, all of the Plaintiff’s claims against the Defendants are accepted, and in light of the circumstances of the instant lawsuit, the costs of lawsuit between the Plaintiff and the Defendant Korea Land and Housing Corporation shall be borne by each party.