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(영문) 광주지방법원 2020.06.17 2020가단509282

건물인도

Text

1. The defendant shall deliver to D Co., Ltd the real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Basic Facts

The Defendant received loans from the Plaintiff on October 18, 2019 at the interest rate of 9.8% per annum (payment on October 18, 2021) and interest rate of 12.8% per annum on October 18, 2021.

B. At the time of the above loan, the Defendant agreed to deliver the instant building to the Plaintiff or the Plaintiff’s designated person so that the Plaintiff can directly receive the lease deposit even during the lease term when the Defendant did not pay the lease deposit to D (hereinafter “Nonindicted Company”) with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”), which is the object of lease (hereinafter “the instant apartment”).

C. The Defendant lost the benefit of time by failing to pay interest from November 15, 2019.

[Grounds for recognition] According to the above facts of the judgment as to the grounds for a claim by this court as to Gap's evidence Nos. 1 through 7 and the purport of the entire pleadings, since the defendant failed to pay the principal and interest of the loan by the due date of loss of interest, it is obligated to deliver the real estate listed in the separate sheet to the

The defendant's argument is first, because the defendant could not respond to the plaintiff's claim because he lost the benefit of time due to the plaintiff's reasons attributable to the plaintiff. Thus, it is not sufficient to accept the defendant's argument that the defendant lost the benefit of time due to the plaintiff's reasons attributable to the plaintiff. The defendant's above argument is without merit.

Next, the defendant asserts that the lease contract between the defendant and the non-party company is still valid, so the defendant cannot seek delivery of the building of this case unless the above lease contract is terminated.