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(영문) 전주지방법원 2015.07.16 2015가단4322
건물인도 등
Text

1. Defendant A shall deliver the real estate listed in the attached Form to Defendant A Co., Ltd.

2. Defendant B Co., Ltd. is the defendant.

Reasons

1. Facts of recognition;

A. On May 22, 2014, Defendant A entered into a lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 3,487,00,000, monthly rent of KRW 75,700, and the term of lease from December 26, 2013 to December 25, 2014 (hereinafter “instant lease agreement”). At that time, Defendant A paid the said lease deposit to the Defendant Company.

B. On May 22, 2014, the Plaintiff loaned KRW 20 million to Defendant A at interest rate of KRW 7.2% (18%) per annum (18%) and due date for payment on December 25, 2014 (hereinafter “instant loan”).

C. On May 22, 2014, Defendant A transferred to the Plaintiff the full amount of the claim for refund of the deposit that he/she owns to the Defendant Company under the instant lease agreement, and notified the Defendant Company of the said transfer by mail, and the notification reached the Defendant Company around that time.

By December 25, 2014, the Plaintiff repaid only one million won out of the loan principal of the instant loan until December 25, 2014.

[Ground for Recognition] Defendant A: Judgment on deemed confession (Article 150(3) of the Civil Procedure Act)

2. Determination

A. According to the facts of the above recognition as to the claim against Defendant A, the maturity period for the instant loan has arrived, and the instant lease agreement can be recognized as terminated on or around December 25, 2014. As such, Defendant A has the duty to deliver the instant real estate to the Defendant Company as sought by the Plaintiff on behalf of the Defendant Company, as sought by the Plaintiff on behalf of the Defendant Company.

Since the obligation to pay the acquisition money to the plaintiff of the defendant company and the obligation to deliver the real estate of this case to the defendant company A concurrently perform the obligation, the plaintiff's claim for its acquisition money.

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