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1. Defendant A shall deliver to Defendant EP the real estate listed in the separate sheet to Defendant EP.
2. Defendant.
Reasons
1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap evidence 1 through 7, entry of Eul evidence 1, and purport of the whole pleadings);
A. On April 22, 2015, Defendant A entered into a lease agreement with Defendant EA (hereinafter “instant building”) to lease the real estate listed in the separate sheet from Defendant EA (hereinafter “instant building”) by setting the lease deposit amount of KRW 29,070,000, monthly rent of KRW 233,900, and the period from April 22, 2015 to April 30, 2017 (hereinafter “instant lease agreement”). The said lease deposit was paid to the Defendant Corporation and moved into the instant building.
B. On July 1, 2013, the Plaintiff determined and lent KRW 23.2 million to Defendant A at 4.5% per annum (the maximum of 18% per annum per annum) and the due date of repayment on April 30, 2015 (the subsequent due date was extended on April 30, 2017).
(hereinafter “instant loan”). C.
On June 26, 2013, Defendant A transferred to the Plaintiff the claim for the refund of the instant lease deposit to Defendant Corporation as security for the instant loan obligation. On June 26, 2013, Defendant A notified the transfer to Defendant Corporation (a content-certified mail) on June 26, 2013, and thereafter, the said notification of the transfer of claims reached the Defendant Corporation.
In addition, if Defendant A fails to pay the principal and interest of the instant loan to the Plaintiff by the due date or the due date no later than the due date for repayment, Defendant A prepared and delivered a letter of commitment to deliver the instant building to the Defendant Corporation immediately so that the Plaintiff can receive a direct refund of the deposit from Defendant A even during the term of the instant lease.
Defendant A lost the benefit of April 27, 2016 by failing to pay interest to the Plaintiff from March 2016.
2. Determination as to the claim against Defendant A
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Applicable provisions of Acts: Article 208 (3) of the Civil Procedure Act of the confession judgment;