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Reasons
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(영문) 창원지방법원진주지원 2020.05.08 2019가단38273
대여금
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1. Defendant C:

A. Of KRW 46,094,804 and the aforementioned money, KRW 44,003,321 out of the Plaintiff shall be repaid to the Plaintiff from October 2, 2019.

Reasons

1. Facts of recognition;

A. 1) Defendant C entered into a lease agreement with the Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on November 30, 2016

2) The apartment complex of this case is located as indicated in the attached real estate (hereinafter “the apartment complex of this case”).

) A deposit was set at KRW 42,895,00, KRW 608,420 per month for rent, and the lease term was set at between December 1, 2016 and November 30, 2018 (hereinafter “instant lease agreement”).

(2) Meanwhile, on December 1, 2018, Defendant C re-leased the instant apartment from the Defendant Corporation with the deposit amounting to KRW 43,686,020, monthly renting KRW 636,400, and the lease period from December 1, 2018 to November 30, 2020.

B. On December 27, 2016, Defendant C borrowed KRW 113,80,000 from the Plaintiff for the loan period from January 3, 2017 to 24 months, interest rate of 4.85%, 23% per annum from January 1 to 31, 2017 (agreement interest rate of 18.15%), 23.5% per annum from 32 days in arrears to 90 days in arrears (Agreement interest rate of 18.65%), and 24% per annum from 91 days in arrears (the agreement interest rate of 19.15%) to secure the above loan, Defendant C entered into a lease contract with the Plaintiff as a deposit for the lease contract of this case, Defendant C’s deposit for the lease of this case to the Korea Land and Housing Corporation (hereinafter “Defendant C’s deposit for the lease of this case”) and Defendant C’s deposit for 150% per annum from 32 days in arrears to 91% per annum (19.15%).

(3) Article 2 Subparag. 10 of the instant pledge contract provides that, without the consent of the Plaintiff, Defendant C shall not extend or renew the lease contract with the Defendant without the extension or renewal thereof, and in the case of renewal of the lease contract, the prior consent of the Plaintiff shall be effective. 4) The Plaintiff, on behalf of the Defendant C, notified the Defendant Corporation of the fact that the instant pledge contract was concluded on December 28, 2016 and January 20, 2017, and the said notification reached the Defendant Corporation each time.

5..

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