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(영문) 인천지방법원 2019.07.17 2019가단2536
대여금등
Text

1. The defendant shall deliver to the Korea Land and Housing Corporation real estate stated in the attached list.

2. The defendant shall make the plaintiff 31,460.

Reasons

1. Facts of recognition;

A. On November 25, 2016, the Defendant received a loan of KRW 31,00,000 from the Plaintiff at a fixed rate of 24 months, interest rate of KRW 4.65% per annum, 23% per annum from the number of overdue days to 31% per annum, 23.5% per annum from the number of overdue days to the 32th day of overdue days, and 24% per annum from the number of overdue days to the 91st day of overdue days, respectively.

(hereinafter “instant loan obligations”). (b)

On November 25, 2016, in order to secure the instant loan obligation, the Defendant entered into a pledge contract with the Plaintiff on the condition that the Plaintiff would immediately order the lessor to obtain a refund from the Korea Land and Housing Corporation (hereinafter referred to as “instant real estate”) on the lease deposit amount of KRW 31,00,000,000 on the real estate listed in the separate sheet (hereinafter referred to as “the instant real estate”) and the pledgee shall be the Plaintiff, but the pledgee shall be the Plaintiff. In the event that the Plaintiff is liable to pay the loan immediately on the grounds that the lease deposit was due to the expiration of the lending period or the cause for the loss of profit under the basic terms and conditions of credit transaction, the Defendant entered into a pledge contract with the lessor, such as the agreement to immediately order the lessor. On the same day,

On November 25, 2016, the Plaintiff notified the Korea Land and Housing Corporation of the pledge by means of content-certified mail.

C. From September 28, 2018, the Defendant began to delay the repayment of the instant loan obligation, and lost the benefit of time in accordance with the terms and conditions of credit transaction. As of January 3, 2019, the instant loan obligation is KRW 31,460,673 in total, including principal and late payment, etc.

The term of the instant lease agreement between the Defendant and the Korea Land and Housing Corporation (hereinafter referred to as “instant lease agreement”) was until May 31, 2019, and was not renewed or renewed, and its term expired.

[Grounds for recognition] A1 to 11 cases where there are evidence numbers.

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