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(영문) 서울중앙지방법원 2018.11.07 2018가합331

대출금 등 청구의 소

Text

1. As to KRW 250,081,534 and KRW 249,00,00 among the Plaintiff, Defendant A shall be from December 6, 2017 to December 28, 2017.

Reasons

1. Basic facts

A. On November 5, 2014, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant Seoul Housing Corporation (hereinafter “Defendant Corporation”) on the following terms: (a) the lease deposit amount of KRW 249,00,000; (b) the lease term of KRW 249,00,000; and (c) the lease term of KRW 2 years from August 13, 2015 to August 30, 2017; and (d) the lease agreement was renewed in extenuating circumstances.

B. On November 28, 2015, Defendant A entered into a loan agreement with the Plaintiff with the amount of 249,00,000 won, loan period of 24 months, 23% per annum from the overdue interest rate of 31 days, 23.5% per annum from the 32th to 91th day from the overdue interest rate, and 24% per annum from the 92th day (hereinafter “instant loan agreement”).

C. In order to secure the above principal and interest obligation, Defendant A entered into a pledge agreement on KRW 249,00,000, which Defendant A had against Defendant Corporation at the time of termination of the instant lease agreement (hereinafter “instant pledge agreement”).

Article 3 subparag. 10 of the Assignment Contract of this case provides, “A (Defendant A) shall have the effect of obtaining the prior consent of the creditor (Plaintiff) without the consent of the creditor (Plaintiff).”

Around that time, the Plaintiff notified Defendant Corporation of the conclusion of the above pledge contract with the consent of Defendant A. D.

Defendant A failed to pay the principal and interest of a loan even after November 27, 2017, which is the maturity date of the loan under the loan agreement of this case.

As of December 5, 2017, Defendant A’s obligation under the instant loan agreement is KRW 249,00,000, overdue interest of KRW 453,918, overdue interest of KRW 627,616, aggregate of KRW 250,081,534 (= KRW 249,000,000) and KRW 627,616).

E. The plaintiff is a duplicate of the complaint of this case or this legal brief on behalf of the defendant Corporation on behalf of the defendant Corporation.