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(영문) 대구지방법원 2015.07.10 2015가단11103

건물명도등

Text

1. Defendant A paid to the Plaintiff KRW 24,370,870 and KRW 24,00,000, out of the said money, from March 24, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 27, 2011, the Plaintiff loaned 24,000,000 won to Defendant A with a maximum rate of 22% per annum, and the loan period by February 25, 2013.

B. Defendant A failed to repay the principal of the loan despite the expiration of the loan period, and Defendant A’s overdue interest amounting to KRW 370,870 on the basis of March 23, 2015.

C. On October 24, 2011, Defendant Non-permanent Housing Co., Ltd. (hereinafter “Defendant Co., Ltd”) leased real estate listed in the separate sheet (hereinafter “instant apartment”) to Defendant A by setting the lease deposit amount of KRW 31,00,000,000, monthly rent of KRW 100,000, and February 25, 2012. As of February 26, 2014, the said lease deposit was increased to KRW 35,870,00, and the lease term was extended to February 25, 2015.

On the other hand, on October 27, 201, Defendant A transferred the right to refund KRW 31,000,000 to the Plaintiff, and notified the Defendant Company of the said transfer on October 25, 201, and on February 26, 2014, Defendant A additionally transferred the right to return the increased lease deposit to the Plaintiff and notified the Defendant Company of the said transfer on the same day.

[Identification Evidence] In the absence of dispute, Gap evidence Nos. 1-5, Gap evidence No. 2-1, 2, Gap evidence No. 3, Gap evidence No. 4-1, and the purport of the whole pleadings

2. Determination

A. According to the above facts, Defendant A is obligated to pay to the Plaintiff 24,370,870 won of the principal and interest of the loan and 24,000,000 won of the loan principal from March 24, 2015 to the date of full payment, the amount calculated by the rate of 18% per annum that the Plaintiff seeks within the scope of the agreed interest rate from March 24, 2015 to the date of full payment.

B. In addition, Defendant A has a duty to deliver the building indicated in the attached list to the Defendant Company, and further, Defendant A is at the same time to deliver the instant apartment from Defendant A, as the Plaintiff seeks, and at the same time, at KRW 35,870,000, the said lease deposit to the Plaintiff.