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(영문) 서울동부지방법원 2020.01.08 2019가단131481
대여금
Text

1. Defendant C shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. Basic facts

A. On November 27, 2017, the Plaintiff: (a) lent KRW 8,500,000 to Defendant C at interest rate of 18% per annum; and (b) November 26, 2018 on the due date.

On the same day, Defendant C transferred to the Plaintiff the right to refund KRW 18,845,00 according to the lease agreement (hereinafter “instant lease agreement”) entered into with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on the real estate listed in the separate sheet (hereinafter “instant real estate”). In the event the Defendant C fails to pay the above principal and interest by the due date, the said Defendant agreed to deliver the instant real estate to the Defendant Corporation, a lessor, and the Defendant C notified the Plaintiff of the said assignment on the same day.

B. However, as of December 3, 2019, Defendant C’s failure to pay the Plaintiff the principal and interest of the above loan amounting to KRW 9,500,000 for principal and interest KRW 1,520,000 as of December 3, 2019, Defendant C remains. The unpaid rent for Defendant C’s Defendant C’s work under the instant lease agreement as of the said date is KRW 119,170 for unpaid rent and unpaid management fee is KRW 78,200 for unpaid management fee.

C. The Plaintiff expressed his/her intent to terminate the instant lease agreement on behalf of the Defendant C by serving the duplicate of the instant complaint on the Defendant C.

[Reasons for Recognition] Facts without dispute, entry of Gap's evidence 1 through 6, the purport of the whole pleadings (as to defendant C, Article 208 (3) 2 of the Civil Procedure Act, and defendant Corporation)

2. According to the above facts of determination, the instant lease agreement was terminated on July 1, 2019, which is the delivery date of a copy of the complaint of this case, including the Plaintiff’s declaration of termination. Therefore, Defendant C is obligated to deliver the instant real estate to the Defendant Corporation upon the Plaintiff’s request by subrogation of the right to claim delivery of the instant real estate owned by the Defendant Corporation, and the Defendant Corporation is simultaneously obligated to deliver the instant real estate from Defendant C.

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