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(영문) 대구지방법원 2016.12.21 2016가단122871
강제집행에 관한 소송
Text

1. Defendant A:

A. The Plaintiff’s KRW 12,00,000 and the Plaintiff’s annual rate from March 25, 2014 to May 25, 2014.

Reasons

1. On February 5, 2013, Defendant A and the Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) concluded a lease agreement with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant lease agreement”) stating that “The lease term is from January 1, 2013 to December 31, 2014, the lease deposit is KRW 15,788,00, and KRW 108,880,00 per month (hereinafter “instant lease agreement”).

On August 27, 2013, Defendant A entered into a loan agreement (hereinafter “instant loan agreement”) with the Plaintiff and “12,00,000,000 won from the date of loan commencement; on September 25, 2013; on December 31, 2014, the expiration date of the loan; and on the same day, the annual interest rate of 5.26%; and the annual interest rate of 16% from the Defendant Corporation (hereinafter “the instant loan agreement”); and on the same day, assigned the Plaintiff the right to refund the lease deposit equivalent to KRW 15,78,00 to the Defendant Corporation; the Plaintiff notified the Plaintiff of the transfer of the said lease deposit on behalf of the Defendant on August 28, 2013; and the Defendant Corporation received this on August 29, 2013.

On September 25, 2013, the Plaintiff loaned KRW 12,000,00 to Defendant A. From March 25, 2014, Defendant A did not pay interest on the said loan to the Plaintiff from March 25, 2014, and Defendant A’s obligation on the said loan lost its interest on May 25, 2014.

On August 26, 2016, the Plaintiff sent to the Defendant Corporation a certificate of content of claiming the return of the lease deposit, and the Defendant Korea Land and Housing Corporation received it on August 29, 2016.

[Ground of Recognition] For Defendant A: The fact that there is no dispute over the Defendant Corporation, the entries in Gap evidence 1 to 11, and the purport of the whole pleadings

2. Determination as to the Plaintiff’s claim against Defendant A

A. According to the facts of the above recognition as to the claim for loans, Defendant A’s interest rate of KRW 12,00,000 on the loan principal to the Plaintiff and the following day following the date of the final interest payment, from March 25, 2014 to May 25, 2014, is 5.26% per annum.

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