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Reasons
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(영문) 수원지방법원여주지원 2019.04.11 2018가단3740
건물명도 및 양수금
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1. Defendant C shall deliver to Defendant C the buildings listed in the separate sheet to Defendant C.

2. Defendant D Co., Ltd. is the defendant.

Reasons

1. Facts of recognition;

A. On May 22, 2015, Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant D Co., Ltd. (hereinafter “Defendant D”), setting the lease deposit amounting to KRW 59,530,000, and the term of the lease from May 24, 2015 to May 23, 2016, with respect to the buildings listed in the separate sheet (hereinafter “instant building”).

B. On May 22, 2015, the Plaintiff loaned KRW 70 million to Defendant C at the maturity of KRW 13% per annum on May 22, 2017 (hereinafter “instant loan”). On May 22, 2015, the Plaintiff received from Defendant C the right to return the lease deposit amount of KRW 59,530,000 under the instant lease agreement with Defendant D.

C. On May 22, 2015, the Plaintiff was delegated with the authority to notify the assignment of claims by Defendant C, and notified Defendant D of the said assignment of claims, and the said notification reached Defendant D around that time.

In transferring the claim for the return of the lease deposit of this case to the Plaintiff, Defendant C prepared a letter of commitment to the effect that “When Defendant C is unable to pay the principal and interest of the loan by the due date (or the due date for the repayment of the lease deposit), the Plaintiff would immediately deliver the building of this case to Defendant D upon the expiration of the contract period concluded with Defendant D, and if necessary, there is no objection even if the Plaintiff notified the refusal to renew the lease contract by subrogation of Defendant C.”

E. Defendant C did not pay interest on the instant loan since January 19, 2017 to the Plaintiff.

[Evidence Evidence: Evidence No. 1 to 6, Evidence No. 1 and No. 2, and the purport of the whole pleadings]

2. According to the above facts of recognition as to the cause of the claim, the instant lease agreement between Defendant C and Defendant D is concluded.

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