양수금등
1. Defendant A shall deliver to the Seoul Housing and Urban Corporation the buildings listed in the attached list.
2. Defendant.
1. Facts of recognition;
A. On December 16, 2014, AF Savings Bank Co., Ltd. granted a loan of KRW 5.7 million to Defendant A at the rate of KRW 5.7 million on November 30, 2016, interest rate of KRW 6.8%, and delayed interest rate of KRW 17.08%.
B. On November 19, 2014, Defendant A leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant Seoul Housing Corporation (hereinafter “Defendant Corporation”) by setting the lease deposit amount of KRW 8,730,000, and the lease term of KRW 31, 2016.
C. Defendant A entered into an agreement to implement an order that “If the above obligation is not repaid, the instant real estate shall be transferred to the said Savings Bank or to the person designated by the said Savings Bank.”
On December 30, 2015, the said Savings Bank transferred to the Plaintiff the claim for loans against Defendant A. On January 11, 2016, it notified the Defendant Corporation of the transfer of the right to return the lease deposit.
The Plaintiff’s principal and interest of the loan to Defendant A is KRW 5,897,66 as of December 30, 2015 ( principal of KRW 5.7 million) and until October 31, 2016, Defendant A delinquent in paying rent (from October 2015 to October 2016) 1,360,220, management expenses (from January 2016 to October 2016), and public charges (from February 2015 to October 2016) 549,220, and public charges (from February 2015 to October 2016).
[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 1 and 3, the purport of the whole pleadings
2. Determination
A. (1) According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17.8% per annum from December 31, 2015 to the date of full payment with respect to the principal and interest of KRW 5,897,66 and the principal of KRW 5,70,000 among the principal and interest of the Plaintiff.
(2) According to the above facts, the lease contract between the Defendants was terminated on October 31, 2016, and the period of validity expires, Defendant A had the instant real estate against the Defendant Corporation in accordance with the above order of surrender implementation agreement.