Text
1. The part concerning the claim for loans among the instant lawsuit shall be dismissed.
2. The defendant shall list the attached list to the Korea Land and Housing Corporation.
Reasons
1. Facts of recognition;
A. On November 25, 2015, the Defendant entered into a lease agreement with the Korea Land and Housing Corporation and the attached list (hereinafter “instant real estate”) with respect to the real estate (hereinafter “instant real estate”), which provides for the lease deposit of KRW 12,563,00, KRW 119,920, KRW 119,920, and the term of lease from December 1, 2015 to November 30, 2017 (hereinafter “instant lease agreement”).
B. On January 6, 2016, the Plaintiff entered into a contract on the transfer of the lease deposit of this case with the Defendant, and received the notification of the transfer from the Defendant, and notified the Korea Land and Housing Corporation of the transfer on the same day.
C. On January 12, 2016, the Defendant: (a) on November 30, 2017, the due date for repayment of KRW 10 million from the Plaintiff; (b) on November 30, 2017, the interest rate of KRW 8.9% per annum; and (c) the overdue interest rate of KRW 8.9% per annum; and (d) the overdue interest rate by the overdue period; (b) on January 12, 2016, the overdue interest rate of KRW 10 per annum if the overdue interest rate is less than three months; (c) if the overdue interest rate
(hereinafter “The instant loan”). On the same day, the Defendant prepared and delivered a letter of commitment to the effect that “the Plaintiff would immediately order the Plaintiff or the person designated by the Plaintiff to order the instant real estate even during the lease term so that the Plaintiff would be able to directly return the lease deposit from the lessor, even if the Plaintiff could not pay the principal and interest on the loan by the due date (or the due date for the loss of the term).”
As of February 5, 2018, the principal and interest of the instant loan remains in KRW 10 million, interest 39,03, interest 341,753, interest 341,753, and interest 10,380,766.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The Plaintiff requested the Defendant to pay the loan of this case among the instant lawsuit.
However, according to the contents of the evidence Nos. 1 through 4 and the purport of the whole pleadings, the defendant is the Changwon District Court.