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(영문) 서울동부지방법원 2015.07.03 2015가합1282
건물명도 등
Text

1. The defendant A:

A. The Plaintiff shall be fully paid KRW 600,427,126, and KRW 460,000 among them, from February 11, 2015.

Reasons

Facts of recognition

(1) On December 27, 2010, Defendant A leased the instant real estate from Defendant B with the lease deposit of KRW 670,000,000, and the lease period of KRW 10,000 from February 10, 201 to February 10, 201 (hereinafter “instant lease agreement”), and Defendant B paid all the deposit money around that time.

(2) On March 11, 2013, Defendant A extended the instant lease agreement with Defendant B by February 10, 2015.

(1) On April 8, 2013, the Plaintiff granted a loan of KRW 460,00,000 to Defendant A at “the repayment period: February 10, 2015; the agreed rate: 10.6%; and damages for delay: 25% per annum.”

On the other hand, Defendant A entered into a pledge contract with the Plaintiff on the same day within the limit of KRW 598,00,000 for the claim for refund of the lease deposit of this case for the guarantee of the above loan.

(2) On the same day, Defendant B consented to the Plaintiff on the same day with a fixed date that “Defendant B shall accept the pledge on the condition that, at the time of the refund of the rental deposit of the instant lease agreement, the remainder after deducting the rent and other expenses is returned to the Plaintiff.”

Defendant A failed to repay the loan by February 10, 2015, which is due date.

The sum of the principal and interest of loans is KRW 600,427,126 (principal KRW 460,000,000) as of February 10, 2015.

[Grounds for recognition] According to the facts without dispute, Gap evidence Nos. 1 through 5 (including additional numbers), and the overall purport of the pleadings as above recognition of the claim for the payment of loans against defendant A, defendant A is obligated to pay to the plaintiff the amount of 600,427,126 won total of the principal and interest of the loan, and 460,000,000 won total of the principal and interest, and delay damages calculated at the rate of 25% per annum from February 11, 2015 to the date of full payment.

(Plaintiff claimed damages for delay from February 10, 2015, but damages for delay occurred from the next day after the due date, and thus, the Plaintiff’s claim against Defendant A is rejected). The claim against Defendant A for extradition, and Defendant B.

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