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(영문) 서울북부지방법원 2018.09.14 2018가단112595

건물명도(인도)

Text

1. As to KRW 34,694,858 and KRW 31,00,00 among the Plaintiff, Defendant A shall be from March 2, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On November 24, 2015, Defendant A entered into a lease agreement with the Seoul Housing Corporation (hereinafter “Defendant Corporation”) and the real estate listed in the separate sheet (hereinafter “instant apartment”) by setting the lease deposit amount to KRW 37,80,000, and the lease term to November 30, 2017.

(hereinafter “instant lease agreement”). A around that time, Defendant A paid the deposit and occupied the instant apartment.

B. On December 4, 2015, Defendant A received a loan of KRW 31,00,000 per annum from the Plaintiff on May 1, 2015 to KRW 5.1% per annum, the due date on November 30, 2017, from KRW 15.1% per annum, and the liable date on November 30, 2017, from KRW 15.1% to KRW 17.1% per annum (less than one month, not less than one month, less than 16.1% per month, not less than three months, and not less than 3 months and not less than 17.1%) and notified the Nonparty Company of the fact of transferring the claim to the Defendant Corporation at around that time. The above notification was reached at the Defendant Corporation at that time.

C. At the time, Defendant A drafted a clear performance letter stating that “When an obligor fails to repay the principal and interest of a loan by the due date (or the due date for the repayment of the term of the lease), even during the term of the lease, the Plaintiff may immediately order the Plaintiff or the person designated by the Plaintiff to return the lease deposit directly from the lessor, and, if necessary, there is no objection even if the Plaintiff notifies the lessor of the termination of the lease contract by subrogation of the Defendant A.”

Defendant A failed to repay the loan due despite the arrival of the due date, and on March 2, 2018, the remaining principal and interest of the loan amount of KRW 34,694,858 (= principal and interest of KRW 31,000,000 and interest of KRW 3,694,858).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including those with additional numbers), and the purport of the whole pleadings

2. As to Defendant A

(a) As to the principal and interest of 34,694,858 won and its principal and interest of 31,000,000 won among the indications of claims, the amount of principal and interest of 1,00 won shall be from March 2, 2017 to the date of full payment.