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(영문) 의정부지방법원 2020.06.04 2019가단18815

양수금 등

Text

1. Defendant C shall deliver to the Korea Land and Housing Corporation the real estate indicated in the attached Form.

2. Defendant.

Reasons

1. Basic facts

A. On April 17, 2015, Defendant C leased real estate (hereinafter “instant apartment”) indicated in the attached Form (hereinafter “instant apartment”) from the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) for the rental deposit of KRW 18,200,000, monthly rent of KRW 220,000, and from April 17, 2015 to July 31, 2017.

On July 17, 2017, Defendant C entered into a lease agreement between Defendant C and Defendant C with a rental deposit of KRW 19,110,000 for the instant apartment in the instant case (personally KRW 910,000) and monthly rent of KRW 231,00, and the lease agreement period from August 1, 2017 to July 31, 2019.

B. On December 1, 2015, the Plaintiff entered into a loan transaction agreement with Defendant C by setting the lending limit of KRW 14,000,000, interest rate of KRW 100 (1.8%) and the repayment date on July 31, 2017, and lent KRW 14,00,000 to Defendant C (hereinafter “instant loan”).

The Plaintiff and Defendant C agreed on July 2017 to extend the repayment date of the instant loan to July 31, 2019.

C. On November 19, 2015, Defendant C entered into a contract with the Plaintiff on the transfer and takeover of the claim that all of KRW 18,200,000 of the instant apartment rental deposit claim against the Defendant Corporation, which was owned by the Defendant Corporation, transferred to the Plaintiff in order to secure the instant loan obligation against the Plaintiff.

Defendant C notified the transfer of the above assignment to Defendant C on the same day, and the notification reached the Defendant Corporation on November 20, 2015.

Defendant C repaid to the Plaintiff the principal of the instant loan amounting to KRW 100,000 and interest accrued until June 30, 2019, but lost the benefit of time due to delinquency in payment of interest accrued from July 2019.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including branch numbers), the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant C, a lease contract for the instant apartment between Defendant C and the Defendant Corporation is concluded on July 31, 2019.