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(영문) 수원지방법원 2016.08.25 2016가단501688
양수금등
Text

1. The defendant shall deliver to the Korea Land and Housing Corporation real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. On November 24, 2009, the Defendant leased real estate listed in the separate sheet from the Korea Land and Housing Corporation (hereinafter “instant apartment”) from the Korea Land and Housing Corporation by setting the rental deposit of KRW 27,30,000, monthly rent of KRW 186,000, and the rental period of KRW 186,000, from November 24, 2009 to December 23, 201, and thereafter, the said apartment was delivered by the Korea Land and Housing Corporation at that time.

On December 28, 2011, after the end of the above lease term, the Defendant increased the lease deposit to KRW 1,064,00, and renewed the lease contract by setting the lease contract from January 1, 2012 to December 31, 201, including the increased amount to the Korea Land and Housing Corporation.

B. On November 26, 2009, the Plaintiff loaned 21.6 million won to the Defendant on November 26, 2009 as interest rate of 8% per month, 19% per annum, and 26% per annum on November 26, 2011, the expiration date of the loan period. The Plaintiff received from the Defendant as security for the above loan the amount of KRW 27,300,000 from the Defendant’s Korea Land and Housing Corporation on November 25, 2009. The Defendant notified the Korea Land and Housing Corporation of the said transfer by content-certified mail and sent the said notification to the Korea Land and Housing Corporation at that time.

C. After that, the repayment date of the above loans between the Plaintiff and the Defendant was changed on December 26, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1-1, the purport of the whole pleadings

2. According to the above findings of the determination on the cause of the claim, the instant lease agreement was terminated on December 23, 201, and thus, the Defendant is obligated to deliver the instant apartment to the Korea Land and Housing Corporation as sought by the Plaintiff in subrogation of the Korea Land and Housing Corporation, barring any special circumstance.

3. Judgment on the defendant's assertion

A. By December 2015, the Defendant paid the Plaintiff interest on the loan normally and did not lose the benefit of time. Thus, the Plaintiff’s claim does not constitute a loss of the benefit of time.

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