건물명도 및 양수금
1. Defendant C shall deliver to the Korea Land and Housing Corporation the buildings listed in the separate sheet.
2. Defendant.
1. Facts of recognition;
A. On January 23, 2018, Defendant C entered into a lease agreement with Defendant C, setting the lease deposit amount of KRW 15,00,000, monthly rent of KRW 119,000, monthly rent of KRW 119,00, and the term of lease from January 23, 2018 to January 31, 2020.
(hereinafter “instant lease agreement”). B.
On April 20, 2018, the Plaintiff loaned KRW 15,000,00 to Defendant C with the maturity of KRW 8.8% per annum on April 20, 2020 (hereinafter “instant loan”). On April 18, 2018, Defendant C transferred the right to refund the lease deposit amount of KRW 15,000,000 under the instant lease agreement with the Defendant Corporation.
C. On April 18, 2018, the Plaintiff was delegated with the authority to notify the assignment of claims by Defendant C, and notified the Defendant Corporation of the assignment of claims, and the said notification reached Defendant Corporation around that time.
In transferring the claim for return of the lease deposit of this case to the Plaintiff, Defendant C prepared a letter of performance to the effect that, “When Defendant C fails to pay the principal and interest of the loan by the due date (or due date for the loss of the term), the Plaintiff would terminate the instant lease agreement concluded with Defendant C with Defendant Corporation with respect to the instant building so that the Plaintiff may be directly refunded the lease deposit from the Defendant Corporation even within the due date, and immediately deliver the said building to the Plaintiff or the Plaintiff designated by the Plaintiff.”
E. Defendant C did not pay interest on the instant loan to the Plaintiff after March 5, 2019 and lost the benefit of time.
[Evidence Evidence: Written Evidence Nos. 1 through 7 and the purport of the whole pleadings]
2. According to the above facts of recognition as to the cause of the claim, the instant lease agreement between Defendant C and the Defendant Corporation is concluded.