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(영문) 의정부지방법원고양지원 2019.06.20 2019가단909
대여금 등
Text

1. Defendant C shall pay to the Plaintiff KRW 107,516,709 and KRW 104,00,000 among them, from January 4, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On September 7, 2011, Defendant D, C, and the Korea Land and Housing Corporation concluded a lease agreement with respect to real estate listed in the separate sheet (hereinafter “instant real estate”). On December 27, 2017, the said agreement was renewed by a lease agreement with the lease deposit of KRW 107,643,00 and the lease term of KRW 107,643,00 from January 1, 2018 to December 31, 2019 (hereinafter “instant lease agreement”).

B. On November 1, 2016, the Plaintiff and Defendant C entered into a credit loan agreement with Defendant C on a loan amount of KRW 14 million, interest rate of KRW 5.7% per annum until the expiration date of the loan period, interest rate of KRW 1.7% per annum from 1 to 31% per annum, 23.5% per annum from 32 days in arrears to 90 days in arrears, 24% per annum if the number of overdue days exceeds 91 days, 24% per annum if the number of overdue days exceeds 91 days (hereinafter “instant loan agreement”), and Defendant C’s husband guaranteed Defendant C’s debt.

C. On November 1, 2016, the Plaintiff and Defendant D entered into a pledge contract with Defendant D’s Korea Land and Housing Corporation at KRW 104,053,00 as to the claim to return the lease deposit against Defendant Korea Land and Housing Corporation regarding the instant real estate.

(hereinafter “instant pledge agreement”). The Plaintiff notified Defendant Korea Land and Housing Corporation of the establishment of the said pledge. D.

From July 26, 2018, Defendant C began to delay the repayment of the principal and interest of loans, and as of January 3, 2019, Defendant C notified Defendant C of the termination of the instant loan contract and the loss of the benefit of time under Article 8(2) of the Framework Agreement on Credit Transactions.

The principal and interest of the instant loan contract until the above notice is given is KRW 107,516,709.

E. Defendant D did not pay 16 percent of the monthly rent for the instant real estate to the Korea Land and Housing Corporation, starting from December 2017.

[Ground of recognition] between the Plaintiff, Defendant C, and D: The fact that there is no dispute between the Plaintiff and the Defendant Korea Land and Housing Corporation pursuant to Article 150 of each Civil Procedure Act, and Article 1 through 5.

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