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1. Defendant C shall deliver to Defendant DD Corporation the buildings listed in the separate sheet.
2. The Plaintiff:
A. Defendant C shall be 44,944.
Reasons
1. Basic facts
A. On October 21, 2014, Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant D Corporation (hereinafter “Defendant D Corporation”) on the following terms: (a) lease deposit amounting to KRW 43,220,000; (b) lease period of October 31, 2016; and (c) on the condition that the lease agreement is renewed in extenuating circumstances.
B. On September 23, 2016, Defendant C entered into a loan agreement with the Plaintiff with the amount of 43,000,000 won, the loan period of 24 months, the amount of 23% per annum from the overdue interest rate of 31 days, 23.5% per annum from 32 to 90 days, and 24% per annum from 91 days to the date of full payment (hereinafter “instant loan agreement”).
C. In order to secure the above principal and interest obligation, Defendant C entered into a pledge agreement on KRW 43,220,000, which Defendant C had against the Defendant Corporation upon termination of the instant lease agreement (hereinafter “instant pledge agreement”). D.
Article 3 subparag. 10 of the Assignment Contract of this case provides that “A lessee (Defendant C) shall have the effect of obtaining the prior consent of the obligee (Plaintiff) without the consent of the obligee (the Plaintiff).”
Around that time, the Plaintiff notified the Defendant Corporation of the conclusion of the above pledge contract with the consent of Defendant C.
E. From December 8, 2018, Defendant C lost the benefit of time beginning with the overdue payment of the principal and interest of loan from December 8, 2018. The Defendant C’s obligation under the instant loan agreement as of June 20, 2019 is KRW 44,94,718 in total, including the principal and interest of loan, KRW 43,00,000,000, and late payment charges.
F. The Plaintiff, on the ground that Defendant C was in arrears with rent for not less than five months, is served with a preparatory document as of September 10, 2019, on behalf of the Plaintiff, on behalf of the Defendant C.