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(영문) 의정부지방법원 2018.06.28 2017나211703
건물명도(인도)
Text

1. The judgment of the first instance court, including the plaintiff's claim extended at the trial room, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. On May 10, 2007, the Plaintiff loaned a total of KRW 30,540,000 on four occasions as shown in attached Table 1, including a loan service provider registered in accordance with the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”), a payment period of KRW 20 million to the Defendant on May 10, 200, a payment period of KRW 24 months from the date of the loan, a three-month period from the date of loan, a three-month period from the date of loan, and a four-month period thereafter.

B. On May 5, 2007, the Defendant leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from C by setting the deposit amount of KRW 75,00,000, and the lease period of KRW 24 months from May 5, 2007 to May 4, 2009. In order to secure the performance of the above loan obligations against the Plaintiff, the Defendant transferred the obligation to return the deposit under the said lease agreement to C, and notified C of the transfer of the claim.

C. From August 16, 2007 to May 13, 2013, the Defendant repaid to the Plaintiff a total of KRW 28,900,000 over 33 occasions, as shown in attached Table 2, and delivered the instant real estate to C by provisional execution under the judgment of the first instance court on February 2, 2018.

On February 2, 2018, the sum of the principal and interest of loans Nos. 1 and 3 attached Table 3 as of February 2, 2018 is KRW 125,80,337 as shown in attached Table 3.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 4 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the request for return of loan

A. According to the above facts of recognition as to the cause of the claim, as the Plaintiff sought delivery of the instant real estate on February 2, 2018 by subrogation of C based on the claim for the refund of deposit, the Defendant delivered the instant real estate by provisional execution of the judgment of the first instance court on February 2, 2018. Accordingly, the Plaintiff can be deemed to have obtained satisfaction of the loan claim by exercising the security right to the above claim for the refund of deposit. Thus, the foregoing February 2, 2018 is deemed as the date of the final repayment.

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