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(영문) 서울동부지방법원 2019.02.13 2018가단16066

대여금

Text

1. Defendant C shall deliver to Defendant DD Corporation the buildings listed in the separate sheet.

2. The Plaintiff:

A. Defendant C is 62,998.

Reasons

1. Basic facts

A. On December 17, 2015, Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant D Corporation (hereinafter “Defendant D Corporation”) on the building listed in the separate sheet (hereinafter “instant building”) on a deposit deposit of KRW 61,860,00, the lease period of KRW 61,860,000, and the lease period of February 22, 2016, and on a condition that the lease agreement is renewed in exceptional circumstances (hereinafter “instant lease agreement”).

B. On March 17, 2016, Defendant C entered into a loan agreement with the Plaintiff on KRW 61,80,000, the loan period of KRW 24 months, the 23% per annum from the overdue interest rate to the 31st day from the overdue interest rate, 23.5% per annum from 32 to 91, and 24% per annum from 92 days (hereinafter “instant loan agreement”).

C. In order to secure the above principal and interest obligation, Defendant C entered into a pledge agreement on KRW 61,800,000 with respect to the instant building, which Defendant C had against the Defendant Corporation upon termination of the instant lease agreement (hereinafter “instant pledge agreement”).

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).”

Around that time, the Plaintiff notified the Defendant Corporation of the conclusion of the above pledge contract with the consent of Defendant C.

After March 27, 2018, Defendant C lost a benefit from the date on which the principal and interest of the loan was overdue, and as of June 19, 2018, Defendant C’s obligation under the instant loan agreement was KRW 61,789,70,00, in total, KRW 1,208,707, in total, KRW 62,98,407 (= KRW 61,789, KRW 700, KRW 1,208, 707).

E. The Plaintiff expressed his/her intent to terminate the instant lease agreement by serving the Defendant C a copy of the instant complaint or the instant briefs on behalf of the Defendant Corporation.

Grounds for recognition: