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Reasons
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(영문) 의정부지방법원 2018.07.03 2017가단16181
대출금 등
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1. Defendant A shall deliver the buildings listed in the attached Form to the Korea Land and Housing Corporation.

2. The plaintiff

A. Defendant A.

Reasons

1. Facts of recognition;

A. (1) On July 21, 2016, Defendant Korea Land and Housing Corporation leased a building listed in the attached Form to Defendant A, and the period from August 21, 2016 to August 31, 2018, the deposit amount of KRW 49,690,00, and monthly rent of KRW 96,600, respectively.

② As of May 31, 2018, Defendant A delays KRW 3,206,480, the aggregate of KRW 1,613,120, management expenses, KRW 1,576,650, and gas charges of KRW 16,710.

B. ① The Plaintiff loaned Defendant A KRW 4,700,000 on July 20, 2016, and loaned KRW 44,900,000 on July 21, 2016.

② As of June 12, 2017, Defendant A did not pay the principal and interest of KRW 50,807,348 as of June 12, 2017, and the overdue interest rate is 24% per annum.

③ At the time of the above loan, Defendant A set up a pledge on the claim to return KRW 49,600,000 to the Korea Land and Housing Corporation for the Plaintiff, and notified the Defendant Korea Land and Housing Corporation of the pledge on July 21, 2016.

【Evidence A: The defendant Korea Land and Housing Corporation (Articles 208(3)2 and 150(3) of the Civil Procedure Act) : Evidence Nos. 1 through 9

2. Determination

A. Defendant A is obligated to repay the principal and interest of the loan to the Plaintiff.

B. The lease agreement between the Defendants was terminated in accordance with Defendant A’s second or more monthly arrears and the Plaintiff’s notice of termination subrogated to Defendant Korea Land and Housing Corporation.

Therefore, Defendant A has a duty to deliver a building stated in the attached Form to the Korea Land and Housing Corporation.

C. The Defendant Korea Land and Housing Corporation is obligated to jointly and severally pay the Defendant A money remaining after deducting all public charges, such as monthly rent, management fee, and gas fee, incurred from June 1, 2018 to the time the Defendant A delivers a building listed in the separate sheet from KRW 46,483,520, which was deducted from the monthly rent, etc. as of May 31, 2018.

3. In conclusion, the plaintiff's claim against the defendant A is accepted.

On the other hand, the plaintiff's claim against the Korea Land & Housing Corporation.

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