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(영문) 서울동부지방법원 2020.04.24 2019가단160427

대여금

Text

1. Defendant C shall deliver to Defendant DD the real estate listed in the separate sheet.

2. The Plaintiff:

A. Defendant C shall be 75,211.

Reasons

1. Basic facts

A. On December 3, 2016, Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant D Corporation (hereinafter “Defendant D Corporation”) under which the lease deposit was KRW 71,910,00, and the expiration date of the lease term was February 20, 2017 with respect to the real estate listed in the separate sheet (hereinafter “instant building”).

B. On December 5, 2016, Defendant C entered into a loan agreement with the Plaintiff at KRW 3,50,000, 24 months of the loan period, 5% per annum, 23% per annum from the overdue interest rate to the 31st day from the overdue interest rate, 23.5% per annum from the 32th to the 90th day from the overdue interest rate, 24% per annum from the 91st day from the 91st day to the date of full payment, and the loan agreement at KRW 68,30,00,00 per annum, interest rate of KRW 4.65% per annum, 23% per annum from the overdue interest rate to the 31st day from the overdue interest rate, 23.5% per annum from 32 to 90% per annum, and 24% per annum from the 91st day from the 91st day to the date of full payment (hereinafter the above two loan agreement referred to as “instant loan agreement”).

C. On December 9, 2016, Defendant C concluded a pledge agreement on KRW 71,910,000, which Defendant C had against the Defendant Corporation at the time of termination of the instant lease agreement (hereinafter “instant pledge agreement”). D.

Article 3 subparag. 10 of the Assignment Contract of this case provides that “A lessee (Defendant C) shall have the effect of obtaining the prior consent of the obligee (Plaintiff) without the consent of the obligee (the Plaintiff).”

On December 9, 2016, the Plaintiff notified the Defendant Corporation of the conclusion of the above pledge contract with the consent of Defendant C, and the above notification reached the Defendant Corporation around that time.

E. From April 6, 2019, Defendant C lost the benefit of time starting with paying the principal and interest of loans.