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Reasons
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(영문) 수원지방법원여주지원 2020.09.10 2020가단768
건물명도 및 양수금
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1. Defendant C shall deliver to Defendant C the buildings listed in the separate sheet to Defendant C.

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

Reasons

1. Facts of recognition;

A. On May 28, 2018, Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant D Co., Ltd. (hereinafter “Defendant D”), setting the lease deposit amount of KRW 19,130,00, monthly rent of KRW 207,200, and the term of lease from May 13, 2018 to May 12, 2019 (hereinafter “instant lease agreement”).

B. On July 6, 2018, the Plaintiff extended a loan of KRW 19 million to Defendant C at the maturity of July 6, 2020 and at the rate of 14.5% per annum (hereinafter “instant loan”). On July 12, 2018, the Plaintiff received from Defendant C the right to return the lease deposit amount of KRW 19,130,000 under the instant lease agreement with Defendant D.

C. On July 12, 2018, the Plaintiff was delegated with the authority to notify the assignment of claims by Defendant C, and notified Defendant D of the said assignment of claims, and the said assignment of claims reached Defendant D around that time.

In transferring the claim for return of the lease deposit of this case to the Plaintiff, Defendant C prepared a letter of commitment to the effect that “When Defendant C is unable to pay the principal and interest of the loan by the due date (or due date for the loss of the interest of time) the Plaintiff would terminate the lease agreement concluded with Defendant D with Defendant C with respect to the building of this case and deliver the building immediately to the Plaintiff or the Plaintiff, and if necessary, there is no objection even if the Plaintiff notified the termination of the lease agreement by subrogation of Defendant C.”

E. Defendant C did not pay interest on the instant loan to the Plaintiff after February 10, 2019.

[Evidence Evidence: Written Evidence Nos. 1 through 7 and the purport of the whole pleadings]

2. According to the above facts of recognition as to the cause of the claim, this case between Defendant C and Defendant D.

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