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(영문) 수원지방법원성남지원 2019.01.15 2018가단12604
양수금 및 건물명도
Text

1. The defendant shall deliver to DD Corporation the real estate listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On June 5, 2014, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with DD Corporation by setting the lease deposit amount of KRW 38,590,00, monthly rent of KRW 171,100, and the lease period as of May 31, 2016, and used the instant real estate after paying the deposit money.

B. Around December 11, 2014, the Plaintiff entered into a credit transaction agreement with the Defendant, and on December 16, 2014, loaned KRW 32,700,000 to the Defendant with a maturity of 6.3% of the loan interest rate, 18.3% of the overdue interest rate, and 18.3% of the overdue interest rate, and May 31, 2016.

C. In the above credit transaction agreement, the Defendant entered into a contract on the acquisition of claims to transfer the Defendant’s claim for the return of the leased deposit to the Plaintiff, and at the same time, the Defendant agreed to the Plaintiff that “I would like to order the return bank or the person designated by the return savings bank to order the object of the lease immediately so that the return bank may receive the deposit directly from the lessor even if the principal and interest of the loan is not repaid within the lease term.”

On December 12, 2014, the above assignment of claims was notified to D Corporation, and the defendant lost the benefit of time by delaying the repayment of loans.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to deliver the above real estate to D Corporation as the plaintiff seeks to designate the person to receive the instant real estate according to the above agreement.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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