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(영문) 서울중앙지방법원 2018.09.05 2017가단5211194
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On October 26, 2016, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) for the lease deposit of KRW 30,821,00 (hereinafter “instant lease deposit”), monthly rent of KRW 68,810, and the term of lease from October 26, 2016 to November 30, 2018 (hereinafter “instant lease agreement”). Defendant A started to move into the instant real estate after paying the instant lease deposit to Defendant Corporation and reside therein.

On December 15, 2016, Defendant A entered into a credit transaction agreement (hereinafter “instant loan agreement”) with a maturity of 33,800,000 granted by the Plaintiff for a loan with a maturity of 2 years (hereinafter “the instant loan agreement”). On the same day, Defendant A entered into an agreement on the transfer of claims for the return of the instant lease deposit with the Defendant Corporation to secure the performance of obligations under the instant loan agreement. On the same day, Defendant A notified Defendant Corporation of the said transfer of claims by content-certified mail, and the said notification reached Defendant Corporation on December 16, 2016.

Where Defendant A fails to repay the principal and interest of the instant loan by the due date or due date for repayment of the instant loan at the time of the instant loan agreement, Defendant A prepared a letter of commitment to cancel the instant lease agreement and deliver the instant real estate to the Plaintiff even before the expiration of the lease term, so that the Plaintiff would be able to directly refund the instant lease deposit.

Since July 20, 2017, Defendant A lost its interest due to delayed payment of the agreed interest on the instant loan, and Defendant A’s obligation to pay monthly rent under the instant lease agreement with respect to Defendant A is also overdue after July 2017.

[Reasons for Recognition] There is no dispute, as to the entry of Gap evidence 1 through 8, and the ground for claim of the whole pleadings.

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