beta
Text
1. The defendant is simultaneously with the delivery of heading 107, 1205 from the plaintiff in the old city of the plaintiff.
Reasons
1. Basic facts
A. On October 13, 2015, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit amounting to KRW 95,00,000,00 with respect to the Guro-si apartment 107, 1205 (hereinafter “instant apartment”) and for the lease term from October 30, 2015 to October 30, 2017, and paid KRW 86,000,000 each balance by providing money with loans, etc. under the following loans, etc. on October 30, 2015.
B. On October 30, 2015, the Plaintiff received a loan of KRW 76,00,000 from the Intervenor at the rate of 24 months of the loan, the agreed interest rate of KRW 5.05%, and damages for delay at the rate of 18%. As a security, the Plaintiff entered into a pledge with respect to the Defendant’s claim to refund the lease deposit amount at KRW 91,200,000, with the consent of the said pledge, and the Defendant agreed to pay directly the amount of the lease deposit to the Intervenor at the time of the repayment of the lease deposit.
C. Meanwhile, on September 26, 2017, there was no intent to extend the lease contract to the Defendant, and the Plaintiff sent a certificate to the effect that the repayment of the lease deposit is requested by the expiration date of the lease term. The Plaintiff’s content certification reached the Defendant around that time.
【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 3 (including serial number), Byung 1 through 6, the purport of the whole pleadings and arguments
2. According to the facts of the above recognition, the lease contract between the original defendant was terminated on October 30, 2017, and the pledgee may directly exercise the claim that is the object of the pledge. Thus, at the same time, the Defendant entered into an agreement with the Plaintiff on November 16, 2017 as to KRW 76,932,941 (including the unpaid interest as of November 15, 2017, KRW 368,027, KRW 564,914, and KRW 76,000,000, which is the principal of the loan, within the limit of KRW 91,20,00,000, which is the secured amount of the Intervenor’s secured debt against the Plaintiff.