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(영문) 서울중앙지방법원 2017.08.10 2016가단134707

대여금

Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.

2. Defendant.

Reasons

1. Basic facts

A. On March 29, 2012, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on the real estate listed in the separate sheet (hereinafter “instant apartment”) by setting the lease deposit of KRW 13,507,00, monthly rent of KRW 105,970, and the lease term of KRW 105,970, from March 29, 2012 to April 30, 2014, and thereafter, Defendant A paid the said lease deposit to the Defendant Corporation and thereafter occupied the instant apartment.

B. On April 23, 2014, Defendant A renewed the above lease agreement by setting the rental deposit of 14,155,000 won, monthly rent of 111,050 won, and the term of lease from May 1, 2014 to April 30, 2016, and around that time, Defendant A paid KRW 648,000 to Defendant Corporation for the increase in the rental deposit.

(hereinafter referred to as the “instant lease agreement”) C.

On September 2, 2015, Defendant A: (a) agreed with the Plaintiff at the interest rate of 16.5% per annum and at the interest rate of 30% per annum; (b) obtained a loan from the Plaintiff; (c) concluded a contract between the Plaintiff and the Plaintiff to transfer KRW 13,507,000, out of the lease deposit repayment claim against Defendant A under the instant lease agreement, to secure the above loan obligation; and (d) notified the Plaintiff of the said transfer by content-certified mail to Defendant A on September 16, 2015.

[Based on Recognition] between the plaintiff and the defendant: Each entry in Gap evidence Nos. 1 through 4 and the whole purport of pleading, and between the plaintiff and the defendant corporation: The fact that there is no dispute, each entry in Gap evidence Nos. 1 through 4 and the purport of whole pleading

2. Determination as to the cause of action

A. According to the above facts, the instant lease contract has expired on April 30, 2016, and barring any special circumstance, Defendant A, a lessee, has the duty to deliver the instant apartment to the Defendant Corporation, a lessor, upon the Plaintiff’s subrogation claim, who is the obligee of the acquisition money, and the Defendant Corporation has the duty to deliver the instant apartment from Defendant A.