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(영문) 수원지방법원 2017.09.13 2017가단7961
대출금등
Text

1. The defendant A:

A. The Plaintiff shall be fully paid KRW 161,587,694 as well as KRW 158,00,000 among them, from February 15, 2017.

Reasons

1. Facts of recognition;

A. On November 2013, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) and the real estate listed in the separate sheet (hereinafter “instant real estate”) with regard to the lease term from November 15, 2013 to January 31, 2016, the lease deposit amount of KRW 1.6 million and the monthly rent of KRW 700,000,000.

(hereinafter “instant lease agreement”). B.

On November 3, 2015, Defendant A and Defendant Corporation entered into a modified contract with the effect that the monthly rent shall be reduced to KRW 440,000,000,000, instead of increasing the lease deposit to KRW 158,000 during the remainder of the lease term of the instant lease agreement (from November 3, 2015 to January 31, 2016).

C. On January 18, 2016, the Plaintiff entered into a loan transaction agreement with Defendant A and a loan of KRW 158 million, 24 months, repayment of the principal and interest on repayment method, interest rate of 4.9% per annum from 1 to 31 days in arrears, interest rate of 23% per annum from 32 days in arrears, 23.5% per annum from 32 days in arrears, and 24% per annum from 91 days in arrears to the date of full payment (hereinafter “instant loan agreement”), and loaned KRW 158 million per annum.

In order to secure the payment of the above loan obligation while implementing the instant loan, the Plaintiff concluded a pledge contract on the amount of KRW 158 million against Defendant A’s claim for the refund of the lease deposit against Defendant A Corporation.

On January 18, 2016, the Plaintiff and Defendant A notified the pledge by content-certified mail to Defendant Corporation, and the Defendant Corporation received the pledge on January 19, 2016.

E. On January 20, 2016, Defendant A transferred to the Smart Savings Bank a claim for the refund of the said lease deposit, and notified the transfer to the Defendant Corporation by content-certified mail on January 27, 2016, and Defendant A received the claim on January 29, 2016.

F. B received a provisional attachment order against Defendant A with Seoul Eastern District Court 2016Kadan52183 regarding the amount of KRW 45 million out of the claims to return the lease deposit against Defendant A, and the Defendant Corporation, the third obligor, is the Defendant Corporation.

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