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(영문) 서울중앙지방법원 2020.05.29 2019가단2689
건물명도 청구의 소
Text

1. The defendant shall deliver to DD Corporation the real estate listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On October 4, 2013, the Defendant entered into a lease agreement with Dwork and leased apartment (hereinafter “instant apartment”) with respect to the real estate listed in the attached list, which is an apartment leased (hereinafter “instant apartment”), from October 11, 2013 to December 9, 2013; the lease term is from October 11, 2013 to December 31, 2013; and the lease term is from December 31, 2015 to December 31, 2015 (hereinafter “the lease agreement”). Under the instant lease agreement, the instant apartment was delivered by D Corporation.

B. On September 12, 2014, the Defendant entered into a loan transaction agreement with the Plaintiff on KRW 99,00,000 with respect to the lease deposit (rental deposit) from the Plaintiff (the date of loan commencement; September 12, 2014; 3.8% per annum on September 12, 2016; 20% per annum on the maximum compensation rate for delay; hereinafter “instant loan transaction agreement”); and on the same day, the Defendant transferred the Plaintiff the right to refund the lease deposit against the lessor as part of the security for the loan obligation to the Plaintiff. However, even if the Defendant is unable to pay the principal and interest by the due date (or due date for the loss of interest) even if the Plaintiff is unable to directly refund the lease deposit from the lessor within the due date, the Plaintiff or the person designated by the Plaintiff promise to clarify the apartment of this case, which is the object of the lease, and submitted a written notification to the Plaintiff on the date of termination of the lease agreement in subrogation of the Plaintiff.

C. On the other hand, the defendant against the plaintiff on September 3, 2014, for the payment of the debt owed by the defendant to the plaintiff, the defendant against the defendant on the apartment of this case.

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