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Reasons
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(영문) 수원지방법원 2016.10.19 2015가단142280
건물명도
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1. The Defendant shall pay KRW 56,860,00 to the Plaintiff the annual rate of KRW 15% from October 6, 2016 to the date of complete payment.

Reasons

1. Evidence (A through A9, A10-1 through 3, A11-1, 2, A12 through A17);

2. Indication of claim; and

A. On December 19, 2010, the Plaintiff entered into a lease agreement with the Defendant’s wife C and the Plaintiff to lease the instant apartment to C by setting the deposit amount of KRW 60 million, monthly rent of KRW 700,000,000, and the lease period from December 19, 2010 to December 19, 2012.

B. The Defendant sought cooperation from the Plaintiff with a view to obtaining a loan equivalent to KRW 40 million from the Hyundai Card as security. Accordingly, the Plaintiff agreed to set up a pledge on the Defendant’s right to claim for the return of the lease deposit, and the Plaintiff drafted a lease contract with the lessee as the Defendant from December 19, 2010 to December 19, 2012.

Since then, the defendant was loaned KRW 40 million from the modern card.

C. On December 19, 2012, the Plaintiff believed that the Plaintiff would change the existing lease to the Plaintiff before the expiration of the lease and terminate the pledge of the Hyundai Card if the remainder of the deposit KRW 40 million is the principal place, and the Plaintiff believed that it would be trusted and agreed on December 19, 2012, the amount of KRW 20 million, KRW 1 million, and the period from December 20, 2012 to December 20, 2014, the amount of KRW 20 million out of the existing deposit shall be replaced by a new deposit, and the remainder of KRW 40 million shall be returned to the Defendant’s bank account on December 20, 2012.

Accordingly, on December 20, 2012, the Plaintiff paid KRW 40 million to the Defendant. D.

The defendant did not use KRW 40 million received from the plaintiff to terminate the right of pledge of the Hyundai Card.

On the other hand, Hyundai Capital Co., Ltd., which received the claim from the Hyundai Card, filed a lawsuit against the Plaintiff and the Defendant (U.S. District Court 2014Da522148), and the decision of recommending settlement with the purport that the Plaintiff will pay the amount of KRW 40 million to the Hyundai Capital Co., Ltd. within 10 days after the Plaintiff received the apartment of this case from the Defendant.

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