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(영문) 수원지방법원 2019.09.06 2019가단519932
대여금
Text

1. Defendant C shall deliver to the Korea Land and Housing Corporation the real estate listed in the list (attached Form).

2. The plaintiff, Ga.

Reasons

1. Facts of recognition;

A. 1) Defendant C entered into a lease agreement between the Defendants and the Korea Land and Housing Corporation on March 30, 2017, and the real estate listed in the [Attachment] list (hereinafter “instant real estate”).

) A lease agreement was entered into with the content of the lease deposit 17,200,000 won, monthly rent 190,000 won, and the term of lease ranging from July 25, 2017 to September 30, 2019. On July 25, 2017, the lease agreement was entered into with the content of the lease deposit 39,200,000 won, and each of the terms of the lease agreements with the content of the lease deposit 39,200,000 won, monthly rent 80,000 won (hereinafter referred to as “instant lease agreement”).

A) Meanwhile, according to the instant lease agreement, the Defendant Korea Land and Housing Corporation may terminate the instant lease agreement if Defendant C has been in arrears for at least three consecutive months (Article 10(1)4). (2) The Defendant C pays KRW 39,200,000 to the Defendant Korea Land and Housing Corporation according to the instant lease agreement, and thereafter occupies the instant real estate as of the date of closing argument.

B. The Plaintiff’s loan 1) loan to Defendant C with Defendant C on July 18, 2017: (a) the Plaintiff loaned KRW 39,200,00 with interest rate of KRW 4.75% per annum and up to 24 months for the loan period; and (b) the Plaintiff shall make a loan agreement with Defendant C to pay the unpaid loan amounting to 23% per annum from 1st to 31st day of arrears; (c) 23.5% per annum from 32th day of arrears to 90% per annum; and (d) 24% per annum from 91 day of arrears to 24% per annum (hereinafter “instant loan agreement”).

(2) On July 18, 2017, the Plaintiff concluded the instant loan agreement with Defendant C, and thereafter, paid the said loan to Defendant C. In order to secure the claim for loans under the instant loan agreement with Defendant C, the Plaintiff KRW 39,200,000 under the instant loan agreement with Defendant C.

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