건물명도 및 양수금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. As to the instant building between Defendant Corporation and the Corporation, Defendant A entered into a lease agreement with the terms of KRW 12,520,00, monthly rent of KRW 84,560, and the term of lease from June 1, 2014 to May 31, 2016; and again, on June 2, 2016, Defendant A entered into a lease agreement with the term of KRW 13,120,000, monthly rent of KRW 88,610, and the term of lease from June 1, 2016 to May 31, 2018.
(hereinafter “instant lease”). Defendant A did not pay monthly rent, management expenses, etc. under the instant lease agreement to the Defendant Corporation until now.
B. On October 16, 2015, the Plaintiff loaned KRW 15 million to Defendant A at the due date set at ten (16) October 16, 2017 and at 12.4% per annum (hereinafter “instant loan”). As a security, the Plaintiff was transferred from Defendant A the right to return the lease deposit that the said Defendant had against Defendant A.
Accordingly, on October 16, 2015, the Plaintiff was delegated with the authority to notify the assignment of claims by Defendant A, and notified Defendant Corporation of the assignment of claims, and that notification reached Defendant Corporation around that time.
C. In addition, around October 16, 2015, Defendant A drafted a clear performance statement stating that “When the Plaintiff is unable to pay the principal and interest of the loan by the due date or due date of repayment, the Plaintiff (or the transferee of the claim from the Plaintiff) is entitled to directly refund the deposit, Defendant A immediately ordered the lessor to order the object of the lease when the period of the lease agreement concluded with the lessor expires, and there is no objection even if Defendant A notified the lessor of his refusal to renew the lease by subrogation of the debtor.”
As Defendant A did not pay interest on the instant loan without delay, the Plaintiff did not raise any objection despite the conclusion of a new lease agreement between the Defendants on June 2, 2016. Defendant A from December 2, 2016 to the Plaintiff.