건물명도 및 양수금
1. Defendant A shall deliver to the Korea Land and Housing Corporation the buildings listed in the separate sheet.
2. Defendant.
1. Facts of recognition;
A. On October 15, 2014, Defendant A entered into a lease agreement with Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on a deposit for lease of KRW 33,00,000, monthly rent of KRW 275,000, and monthly rent of KRW 275,000 with respect to the buildings listed in the separate sheet (hereinafter “instant building”). On March 21, 2017, the Defendants renewed the lease agreement with the terms of the deposit for lease of KRW 34,617,00, monthly rent of KRW 288,470, and monthly rent of KRW 288,470, and the term of lease of the instant building from January 1, 2017 to December 31, 2018.
(hereinafter “instant lease agreement”). B.
On March 17, 2015, the Plaintiff loaned KRW 39.6 million to B as of March 17, 2017 and as at 13% interest per annum (hereinafter “instant loan”). As security, on March 13, 2015, the Plaintiff was transferred the Defendant’s claim for refund of the lease deposit amount of KRW 33 million under the instant lease agreement that the Defendant had against the Defendant Corporation.
C. On March 13, 2015, the Plaintiff was delegated with the authority to notify the assignment of claims by Defendant A, and notified Defendant Corporation of the said assignment of claims, and the said assignment of claims reached Defendant Corporation at that time.
In transferring the claim for the return of the lease deposit of this case to the Plaintiff, Defendant A prepared a letter of performance to the effect that “When B fails to pay the principal and interest of the loan by the due date (or the due date for the repayment of the lease deposit), the Plaintiff would immediately deliver the building to the Defendant Corporation upon the termination of the lease agreement concluded with the Defendant Corporation with respect to the building of this case so that the Plaintiff may be directly refunded the lease deposit from the Defendant Corporation.”
E. B did not pay interest on the instant loan from April 2017 to the Plaintiff and lost the benefit of time.
[Evidence Evidence: Descriptions of Evidence Nos. 1 through 6 and the purport of the whole pleadings]
2. According to the above-mentioned facts of determination as to the cause of the claim, Defendant A.