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(영문) 인천지방법원부천지원 2020.07.24 2019가단107472
대여금
Text

1. Defendant C shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. The plaintiff, Ga.

Reasons

1. Basic facts

A. On August 26, 2015, Defendant C entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on the real estate listed in the separate sheet (hereinafter “instant real estate”) with KRW 27,274,00, monthly rent of KRW 183,570, and entered into a lease renewal agreement on September 6, 2017 and November 8, 2019 (hereinafter “instant lease agreement”), respectively, on which the lease agreement on the instant real estate between the Defendants was “the instant lease agreement” and “the right to claim the return of the lease deposit,” and as of now, the instant real estate is occupied and used.

B. On August 30, 2017, the Plaintiff entered into a loan contract with Defendant C with the amount of KRW 42,600,000 (hereinafter “instant loan contract”) (hereinafter “instant loan contract”), and entered into a pledge contract with Defendant C with the amount of KRW 42,637,00 regarding the right to claim the refund of the instant lease deposit in order to secure the repayment thereof.

Defendant C, upon receipt of a loan, delayed payment of interest on August 30, 2017 or lost the benefit of time, prepared a delivery performance letter that the Plaintiff would recover the principal and interest of the loan by terminating the relevant lease contract even during the lease term and returning the leased object.

(hereinafter referred to as “instant commitment”). C.

On September 15, 2017, the Plaintiff sent a pledge notice to Defendant Corporation, and the said notice was served on Defendant Corporation around that time.

From April 26, 2019, Defendant C began to pay the repayment under the instant loan agreement. On November 8, 2019, the Plaintiff notified Defendant C of the termination of the instant loan agreement. At the time, the principal and interest of the loan was totaled KRW 44,242,067, and the interest rate in arrears was 24% per annum.

E. As of the instant lease agreement, the deposit is KRW 43,811,000.

[Reasons for Recognition] Defendant C: Article 150(3) and (3) of the Civil Procedure Act as deemed a confession.

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