(영문) 전주지방법원 2018.04.10 2016가단4480

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2018.04.10 2016가단4480

건물명도

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the real estate listed in the separate sheet;

(b) 3,514,880 won;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff and the Defendant concluded a loan agreement with respect to real estate listed in the separate sheet (hereinafter “instant real estate”) from February 20, 2007 to February 19, 2012, with respect to the lending period from February 20, 2007 to February 19, 2012; and again, concluded a loan agreement with the lending period of 3,100,000 per annum; from February 20, 2012 to February 19, 2017, the Plaintiff and the Defendant concluded a loan agreement with the lending period of 2,701,310 per annum (hereinafter “instant loan agreement”).

Article 5 The defendant shall not claim against the plaintiff the expenses incurred in ordinary repair and other expenses incurred in relation to renovation without obtaining the plaintiff's approval.

Article 8 The plaintiff may terminate the loan agreement of this case when the defendant subleases the real estate of this case or violates the loan agreement of this case.

Where the instant loan agreement has been terminated, the Defendant shall restore the instant real estate to its original condition by the deadline designated by the Plaintiff and return it in the presence of the Plaintiff.

B. The Defendant did not notify the Plaintiff on March 2013, and moved to another place without having reported the instant real estate. The Defendant, without having obtained the Plaintiff’s consent, had B, a branch from June 2013 to September 13, 2014 use and benefit from the instant real estate.

The real estate in this case has been kept by the defendant until the date of the closing of the argument in this case.

C. As the Defendant did not pay the loan fee for the year 2013 under the instant loan agreement, the Plaintiff urged the Defendant to pay it on October 15, 2013 and on December 9, 2013.

Nevertheless, the Defendant continued to pay the loan fee for the year 2013, and the Plaintiff notified the Defendant that the instant loan contract was terminated on or around January 6, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence No. 10, Eul evidence No. 5 (including provisional number), the purport of the whole pleadings

2. As to the principal claim.

유사 판례

-창원지방법원통영지원 2019.02.19 2018가단24461

-서울서부지방법원 2015.08.20 2013가합31946

-서울행정법원 2015.05.15 2015구단670

-광주지방법원 2020.11.25 2020가단508357

-창원지방법원마산지원 2016.11.30 2016가합100485