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1. Defendant A shall order the Korea Land and Housing Corporation to order the real estate listed in the separate sheet.
2. Defendant.
Reasons
1. Basic facts
A. On December 5, 2014, the Plaintiff leased KRW 36.9 million to Defendant A at an interest rate of 13% per annum, 25% per annum, and due date for repayment on December 5, 2016. Defendant A paid only interest until April 14, 2015, and lost the benefit due date by delaying the performance of obligations. The principal and interest of the loan calculated as of March 23, 2016 are KRW 45,537,024, and the principal and interest of the loan amount is KRW 36.9 million, and overdue interest is KRW 8,637,024.
B. Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with the Korea Land and Housing Corporation, setting the lease deposit amount of KRW 30,757,00 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) and on December 31, 2016, and paid the lease deposit to the Defendant Korea Land and Housing Corporation, and has a claim for refund of the lease deposit equivalent to the above amount.
C. On December 5, 2014, Defendant A, in order to secure the repayment of a loan obligation under the said credit transaction agreement, transferred the above credit to the Defendant Korea Land and Housing Corporation, notified the Defendant Korea Land and Housing Corporation of the assignment of the above credit by content-certified mail. If Defendant A is unable to repay the loan to the Plaintiff, Defendant A agreed that the instant real estate will be ordered to the lessor when the lease contract period expires so that the Plaintiff may directly receive the claim for the repayment of the lease deposit that the Plaintiff acquired.
However, as Defendant A loses the benefit of time due to the delayed payment of the loan obligation as above, the Plaintiff notified the Defendant Korea Land and Housing Corporation of the rejection of the renewal of the lease agreement of this case as of the date of delivery of a copy of the complaint of this case by subrogation of the Defendant Korea Land and Housing Corporation, and sought an explanation of the real estate of this case by subrogation of the Defendant Korea Land and Housing Corporation.