양수금 등 청구의 소
1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.
2. Defendant.
1. Basic facts
A. On March 26, 2015, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on the real estate listed in the separate sheet (hereinafter “instant apartment”) (hereinafter “instant apartment”), whereby the deposit is KRW 14,081,00, monthly rent is KRW 85,540, and the lease period is from April 2, 2015 to April 30, 2017 (hereinafter “instant lease agreement”), and thereafter, Defendant A moved into the instant apartment complex around that time.
B. On November 19, 2015, Defendant A obtained a loan of KRW 16,80,000 at an interest rate of 10.9% per annum, and at an overdue interest rate of 10% or 12% per annum (10% per annum if the delay period is less than three months, 11% per annum if the delay period is less than three months, and 12% per annum if the delay period is less than three months and less than six months, and 6 months).
In order to secure the above loan claims on the same day (hereinafter referred to as “the loan claims in this case”), Defendant A transferred a claim for refund of the lease deposit under the instant lease agreement to IM Bank, and on November 23, 2015, notified the Defendant Corporation of the said transfer by way of content-certified mail.
C. On June 30, 2017, MS Bank transferred the instant loan claims to the Plaintiff, and notified the Defendant Corporation of the said transfer by each content-certified mail on July 4, 2017, and July 5, 2017 to Defendant A.
On the other hand, on May 16, 2017, Defendant A and Defendant Corporation renewed the instant lease agreement by setting the rental deposit of KRW 14,672,00, monthly rent of KRW 90,220, and the term of lease from May 1, 2017 to April 30, 2019.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 7 (including branch numbers in case of additional number), the purport of the whole pleadings
2. Determination:
A. As the instant lease agreement has expired on April 30, 2017, Defendant A, a lessee, pursuant to the Plaintiff’s subrogation claim, barring any special circumstance.