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(영문) 수원지방법원 2018.02.13 2017가합554
대출금 등
Text

1. The plaintiff's lawsuit against the defendant Korea Land and Housing Corporation shall be dismissed.

2. The defendant A shall be the defendant.

Reasons

1. Basic facts

A. On November 20, 2015, the Plaintiff extended KRW 259,00,00 to Defendant A. The loan period is 24 months, repayment method is 4.8% per annum, interest rate is 4.8% per annum, overdue interest is 23% per annum from 1st to 31st day of delinquency, 23.5% per annum from 32th day of delinquency, and 24% per annum from 91th day of delinquency to the day of full payment (hereinafter “instant loan”). The Plaintiff concluded a loan agreement with Defendant A to determine the amount of KRW 259,00,000 per annum from 91th day of delinquency to the day of full payment (hereinafter “instant loan”). On the same day, Defendant A paid KRW 259,00,000 per annum.

B. Meanwhile, on December 12, 2013, Defendant A entered into a lease agreement with the Korea Land and Housing Corporation on the condition that real estate listed in the attached list from Defendant Korea Land and Housing Corporation is leased at KRW 202,00,000, monthly rent of KRW 760,000, and the lease period from December 20, 2013 to February 29, 2016. On December 27, 2013, Defendant A amended the said lease agreement with the Defendant Korea Land and Housing Corporation with the content that the lease deposit under the said lease is increased to KRW 259,00,000 and the rent is reduced to KRW 380,000, monthly.

(B) The lease contract of this case before and after the above amendment is "the lease contract of this case", and the lease deposit under the lease contract of this case is "the lease deposit of this case" ("the lease deposit of this case").

On November 20, 2015, Defendant A entered into a pledge agreement on KRW 259,00,000 (hereinafter “instant pledge agreement”) with the Plaintiff to secure the Plaintiff’s obligation for the instant loan to the Plaintiff. On November 20, 2015, the Plaintiff, on behalf of the Defendant A, sent a notice of pledge by the instant pledge agreement to the Korea Land and Housing Corporation on November 23, 2015, and on November 24, 2015, the said notice was served to the Defendant Korea Land and Housing Corporation.

On the other hand, Defendant A on October 2016.

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