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(영문) 서울동부지방법원 2019.07.05 2018가단18567
대출금
Text

1. The buildings indicated in the separate sheet to Defendant C, Defendant (Appointed) and the designated parties, and Defendant D are buildings indicated in the separate sheet to Defendant E, respectively.

Reasons

1. Facts of recognition;

A. On November 3, 2015, H entered in the separate sheet (hereinafter “instant building”) with Defendant E Corporation (hereinafter “Defendant E Corporation”) up to 66,960,000 won for rental deposit, and the term of lease on January 31, 2018 for the buildings listed in the separate sheet (hereinafter “instant building”). Around November 3, 2015, H concluded a lease agreement on the condition that it can maintain occupancy eligibility and renew the lease agreement on a two-year basis, in the absence of grounds for cancellation and termination of the lease agreement.

(hereinafter “instant lease agreement”). B.

H entered into a loan agreement with the Plaintiff on March 31, 2016, setting the loan amount of KRW 63,600,000, the loan period of KRW 24 months, the 23% per annum from the date of delinquency in the annual interest rate of 31, the 23.5% per annum from 32 to 91, and the 24% per annum from 92 days to 24% per annum.

(hereinafter “instant loan agreement”). C.

H concluded a pledge contract on KRW 66,960,00 with respect to the instant building at the time of termination of the instant lease agreement between the Plaintiff and the Plaintiff on the same day (hereinafter “instant pledge contract”).

Article 3 subparag. 10 of the Assignment Contract of this case provides that “A lessor (Defendant Corporation) shall not extend or renew a lease agreement with a lessor without the consent of the obligee (the Plaintiff), and in the case of extension or renewal of a lease agreement, the prior consent of the obligee (the Plaintiff) shall take effect.”

Around that time, the Plaintiff notified the Defendant Corporation of the conclusion of the above pledge contract with the consent of H.

Since then, H’s obligation under the instant loan agreement was in arrears, and as of August 6, 2018, H’s obligation under the instant loan agreement was KRW 65,464,088, including the loan principal amounting to KRW 63,60,00, overdue interest amounting to KRW 248,475, overdue interest amounting to KRW 1,615,613.

E. Meanwhile, H died on April 25, 2017, and the Defendant C and his/her spouse were the designated parties.

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