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(영문) 서울동부지방법원 2020.10.15 2019가단127734

건물명도(인도)

Text

Defendant B shall deliver to Defendant C the buildings listed in the attached list.

Defendant C shall enter the attached list from Defendant B.

Reasons

1. On October 8, 2016, Defendant C entered into a lease agreement with Defendant C by setting a deposit of KRW 200 million, monthly rent of KRW 450,000,000, and the term of lease from December 7, 2016 to December 6, 2018 with regard to the buildings listed in the attached list owned by Defendant C (hereinafter “instant building”).

D Law firms, upon the commission of the Plaintiff and Defendant B on October 10, 2017, set up and issued a notarial deed for a monetary loan for consumption with the content that “the Plaintiff leased KRW 45 million to the Defendant on October 1, 2017, and the Defendant B borrowed it. The repayment of the debt shall be the lump sum repayment term on December 28, 2017. In the event Defendant B fails to perform a monetary obligation under this contract, the notarial deed for a monetary loan for consumption with the content that “The Plaintiff was immediately subject to compulsory execution, and that there was no objection.”

D Law firms, upon the commission of the Plaintiff and Defendant B on January 5, 2018, set up and issued a notarial deed under a monetary loan agreement with the Plaintiff, stating that “The Plaintiff lent KRW 150 million to the Defendant on May 28, 2017, and the Defendant B borrowed it. The repayment of the debt shall be made by January 8, 2018. In the event the Defendant B fails to perform a monetary obligation under this contract, it was immediately recognized that there is no objection even if compulsory execution.”

D Law Firm: (a) according to the commission of the Plaintiff and Defendant B in 2018, the Plaintiff: (b) signed and executed a notarial deed under a monetary loan agreement with the effect that “the Plaintiff loaned KRW 150 million to Defendant B at a rate of 18% per annum; and (c) if Defendant B fails to perform the said monetary obligation, it shall be recognized that there is no objection even if it is immediately subject to compulsory execution.”

D Law firms, according to the commission of the Plaintiff and Defendant B, issued a promissory note amounting to KRW 50 million at par value with the Plaintiff as the addressee, and delivered to the Plaintiff by Defendant B as a compulsory execution immediately when Defendant B did not pay the promissory note amount.