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(영문) 창원지방법원 2017.09.21 2016가단15665

토지인도

Text

1. The Plaintiff:

A. Defendant B shall pay KRW 20,000,000 per month from December 30, 2012 to the day of full payment.

Reasons

1. Facts of recognition;

A. On July 31, 2012, the Plaintiff leased to D the land and the building on the ground (hereinafter “instant factory”) of Kimhae-si in KRW 20,000,000 as lease deposit.

B. On December 30, 2012, the Plaintiff loaned KRW 20,000,000 to Defendant B with the maturity of KRW 400,000 per month on June 30, 2013 and interest KRW 400,000.

B. Around June 2014, Defendant B operated metal processing business under the trade name “F” at the instant plant, and Defendant C lent its name to Defendant B for the said business operation.

On June 23, 2014, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) between the Plaintiff and the Plaintiff on June 23, 2014, setting the lease deposit amount of KRW 40,000,000, monthly rent of KRW 3,000,000, and the lease term of KRW 23, 204 from June 23, 2010 to June 23, 2016.

However, Defendant B paid KRW 20,000,000 to the Plaintiff on the same day, instead of KRW 20,000,000,000, out of KRW 40,000 as the above lease deposit.

On the same day, the Plaintiff re-loaned KRW 20,00,000 to Defendant B, and the Defendant B, recognizing a separate loan obligation of KRW 80,000,000 against the Plaintiff, agreed to pay the total of KRW 100,000 on December 30, 2015, and to pay the interest at the rate of KRW 1,00,00 per month from June 10, 2014, and the Defendant C guaranteed the above obligation of Defendant B.

C. The Plaintiff loaned the Defendants KRW 9,900,00 on November 5, 2014, KRW 4,800,000 on November 20, 2014, KRW 1,000 on February 6, 2015, KRW 5,000,00 on March 11, 2015, KRW 6,000 on March 24, 2015, KRW 5,000 on April 22, 2015, KRW 5,000 on April 5, 200, and KRW 36,70,000 on May 14, 2015.

On June 30, 2016, the Plaintiff was returned from Defendant C the instant factory and the building on G in Kimhae-si.

From August 19, 2014 to February 3, 2016, the Plaintiff set the instant lease agreement from the Defendants.