Lawing Card Co., Ltd. (Attorney Kim Jong-soo, Counsel for the plaintiff-appellant)

Defendant

April 10, 2019

1. The defendant shall pay to the plaintiff 75,725,294 won and 71,300,000 won with 24% interest per annum from March 22, 2018 to the day of full payment.

2. The defendant shall deliver to the Korea Land and Housing Corporation real estate stated in the attached list.

3. The costs of lawsuit shall be borne by the defendant.

4. Paragraphs 1 and 2 of this Article may be provisionally executed.

The part against the Korea Land and Housing Corporation in the lawsuit of this case was terminated as of October 18, 2018.

1. Facts of recognition;

A. On November 13, 2015, the Plaintiff and the Defendant concluded a loan loan transaction agreement (hereinafter “instant loan agreement”) as indicated in the lower table (40,300,000 out of the loans are the direct repayment name to the Dongyang Savings Bank, a stock company that acquired the existing claim for refund of deposit for lease, and the remainder of 31,00,000,000 won is the name of the lease deposit to be increased, as seen below).

The loan interest rate of KRW 24 months (from November 18, 2015 to November 17, 2017) during the loan period of KRW 71,300,000 included in the main text shall be 23% per annum by 31% per annum until the overdue interest rate of KRW 5.6% per annum, 23.5% per annum from 32 days to 91 days in arrears, and 24% per annum from 92 days in arrears.

B. At the time, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation on the real estate listed in the separate sheet (hereinafter “instant apartment”) (the first contract date shall be November 30, 2012; the term of lease at the time from December 23, 2013 to January 31, 2016; hereinafter “instant lease agreement”).

C. On November 16, 2015, the Plaintiff and the Defendant entered into a pledge agreement with the Plaintiff (hereinafter “instant pledge agreement”) that provides the Plaintiff with the amount of KRW 71,300,000,000 as collateral, and the notice of pledge, which includes the foregoing, reached the notified Housing Corporation around November 16, 2015.

D. The instant pledge contract contains the following: “When the Defendant wishes to immediately repay the loan upon the expiration of the loan period, the Defendant immediately orders the instant apartment to the Korea Land and Housing Corporation, a lessor, at the Plaintiff’s request (Article 3 subparag. 6); and “The Defendant is unable to extend or renew the instant lease without the Plaintiff’s consent.” In the event of extension or renewal of the lease contract, the prior consent of the Plaintiff becomes effective (Article 3 subparag. 10).

E. On February 1, 2016, the Defendant and the Korea Land and Housing Corporation renewed the instant lease agreement, including the following: (a) the rental deposit as of February 1, 2016 at KRW 73,274,00 (the monthly rent was reduced); and (b) the term of lease was changed from February 1, 2016 to January 31, 2018 (the Plaintiff appears to have consented to the renewal).

F. After the expiration of November 17, 2017, the maturity date of the instant loan agreement, the Defendant failed to repay the Plaintiff the loan, and the total sum of the principal and interest of the loan that was not repaid as of March 21, 2018 is KRW 75,725,294. The Plaintiff urged the Defendant to pay the total sum of KRW 75,725,294 to the Defendant around March 21, 2018.

G. The Korea Land and Housing Corporation requested the payment of increased deposit and the conclusion of a contract to renew the instant lease agreement, but the Defendant failed to comply therewith. On January 29, 2019, the unpaid amount of the Defendant’s increased deposit and management expenses was KRW 5,554,600.

H. In around 2019, the Defendant began to pay unpaid increased deposit and management expenses. On March 29, 2019, the Defendant remitted KRW 2,034,200 and KRW 191,720 to the Korea Land and Housing Corporation. As of April 10, 2019, the date of closing the argument in this case, there is no unpaid increased deposit and management expenses to the Korea Land and Housing Corporation.

I. During the instant lawsuit, the Plaintiff and the Korea Land and Housing Corporation confirmed that “The Defendant’s Korea Land and Housing Corporation shall pay the remainder after deducting the Defendant’s amount of debts from the lease relationship, such as rent, management fee, etc., in a lease agreement relationship with the Korea Land and Housing Corporation, at the same time as the receipt of real estate listed in the separate sheet from the Defendant.”

[Ground of recognition] Unsatisfy, Gap evidence 1-10, Eul evidence 1-8, Eul evidence 1-3 (including various numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. Loan portion

According to the above facts, the Defendant is obligated to pay the Plaintiff delay damages calculated at the rate of 24% per annum, which is the delayed interest rate, from March 22, 2018 to the date of full payment, to the date of full payment of the loan principal of KRW 75,725,294, and KRW 71,300,000, which is the principal of the loan.

B. The part on delivery of real estate

According to the above facts, the lease contract of this case terminated on January 31, 2018 (it cannot be asserted against the Plaintiff pursuant to Article 352 of the Civil Act and Article 3 subparag. 10 of the contract to establish the lease contract of this case even if the lease of this case was renewed after January 31, 2018, as alleged by the Defendant, although the lease of this case was asserted by the Defendant, it cannot be asserted against the Plaintiff). The Plaintiff, who is the pledgee, may directly claim against the Korea Land and Housing Corporation, the third obligor, the claim to return the lease deposit of this case, which is the object of the pledge pursuant to Article 353(1) of the Civil Act, which is the object of the pledge pursuant to Article 353(1) of the Civil Act. For the purpose of securing the above claim, the lessee may exercise his subrogation

3. Conclusion

If so, the plaintiff's claim is justified.

Judges Jeong Dong-ju

(1) The Plaintiff filed a claim for damages for delay from March 21, 2018 on KRW 71,300,000, which is the date following March 21, 2018, which is the sum of the damages for delay calculated by the Plaintiff, and thus, the Plaintiff’s claim for damages is deemed to be written by mistake on March 22, 2018, which is the date following March 21, 2018.