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Reasons
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(영문) 서울중앙지방법원 2017.05.16 2016가단126737
양수금
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1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the separate sheet.

2. Defendant.

Reasons

1. Facts recognized;

A. On April 6, 2015, Defendant A entered into a lease agreement with Defendant Korea Land and Housing Corporation to lease real estate listed in the separate sheet (hereinafter “instant real estate”) by setting the lease deposit amount of KRW 16,490,000, and the lease period of KRW 31, 2017.

The defendant A paid the above lease deposit to the plaintiff and resides in the real estate of this case.

B. As of January 28, 2016, Defendant A received a loan of KRW 13.1 million from the Plaintiff, and transferred to the Plaintiff the claim for refund of deposit under the said lease agreement. Around that time, Defendant A notified the Korea Land and Housing Corporation of the transfer of the claim with content certification.

At the time, the interest rate was 3.5% per annum, and the overdue interest rate was 17.5% per annum.

C. When Defendant A was unable to pay the principal and interest of the loan (or until the due date for repayment) upon the above loan agreement, Defendant A agreed to order the Plaintiff or the Plaintiff’s designated person to order the instant building. Defendant A lost the benefit due to the delayed payment of interest.

[Ground of recognition] The defendant Korea Land and Housing Corporation: The absence of dispute, entry of Gap evidence 1 through 5, the purport of the whole pleadings, and the purport of the whole pleadings against the defendant A: The judgment of constructive admission (Article 208 (3) 2 of the Civil Procedure Act)

2. According to the above facts of determination as to the cause of the claim, Defendant A, pursuant to the agreement with the Plaintiff, delivers the instant real estate to the Defendant Korea Land and Housing Corporation designated by the Plaintiff along with the termination of the lease agreement with the Plaintiff. At the same time, Defendant Korea Land and Housing Corporation received the instant real estate from the Defendant A, and at the same time, Defendant Korea Land and Housing Corporation requested the Plaintiff by subrogationing the Defendant A from 16,490,000 to the date of completion of delivery of the said real estate, and all of the Defendant Korea Land and Housing Corporation’s fees for Defendant A, which occurred from the lease agreement concluded

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