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(영문) 수원지방법원여주지원 2017.12.19 2017가단3774
건물명도 및 양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On August 30, 2015, the Plaintiff lent KRW 17,400,00 to Defendant A at an annual interest rate of USD 24 per annum, interest rate of delay damages, 27.9% per annum, and due date of payment on August 30, 2018.

Since September 9, 2016, Defendant A lost the benefit of time due to delinquency in paying interest, and as of May 30, 2017, the principal and interest of the debt is KRW 20,935,879.

On November 6, 2015, Defendant A leased the buildings listed in the separate sheet from the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) at KRW 43,579,000 during the period from November 6, 2015 to December 31, 2017; and KRW 43,579,000 during the period from November 6, 2015 to December 31, 2017.

(hereinafter “instant lease agreement”). On August 23, 2015, Defendant A transferred to the Plaintiff the obligation to return the leased deposit to the Defendant Corporation, and notified the Plaintiff of the said transfer on the same day.

(Reasons for Recognition) Facts without dispute, Gap evidence 1 through 6, Eul evidence 1, the purport of the whole pleadings.

Judgment

In order to preserve the Defendant’s loan claim against Defendant A, the Plaintiff expressed his intention to terminate the instant lease agreement on behalf of the Defendant Corporation, and thus, asserted that the instant lease agreement was terminated.

However, there is no evidence to acknowledge that the termination right of the instant lease contract has occurred to the Defendant Corporation, and the Plaintiff cannot terminate the said contract by subrogation of the Defendant Corporation.

Therefore, we cannot accept the plaintiff's claim premised on the termination of the above contract.

3. The plaintiff's claim against the defendants is dismissed in entirety.

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