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(영문) 수원지방법원여주지원 2019.03.21 2018가단5715
건물명도 및 양수금
Text

1. Defendant C shall deliver to the Korea Land and Housing Corporation the buildings listed in the separate sheet.

2. Defendant.

Reasons

1. Facts of recognition;

A. On April 5, 2016, Defendant C entered into a lease agreement with Defendant C to lease (hereinafter “instant lease agreement”) with regard to the buildings listed in the separate sheet (hereinafter “instant building”) with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) by setting the lease deposit amount of KRW 24,972,00, monthly rent of KRW 285,00, and the lease term of KRW 5,000, from April 5, 2016 to April 30, 2018.

B. On January 20, 2017, the Plaintiff extended a loan of KRW 24.9 million to Defendant C at the maturity of January 20, 2019 and at the rate of 14.5% per annum (hereinafter “instant loan”); on January 19, 2017, Defendant C transferred the right to refund the lease deposit amount of KRW 24,972,000 under the instant lease agreement with the Defendant Corporation.

C. On January 19, 2017, the Plaintiff was delegated with the authority to notify the assignment of claims by Defendant C, and notified the Defendant Corporation of the assignment of claims, and the said notification reached Defendant Corporation around that time.

In transferring the claim for the return of the lease deposit of this case to the Plaintiff, Defendant C prepared a letter of commitment to the effect that “When Defendant C fails to pay the principal and interest of the loan by the due date (or due date for the loss of the term) the Plaintiff would terminate the lease contract on the building of this case so that the Plaintiff may directly receive the lease deposit from the Defendant Corporation within the due date, and deliver the building immediately to the Plaintiff or the Plaintiff, and if necessary, there is no objection even if the Plaintiff notified the termination of the lease contract to the Defendant Corporation by subrogation of the Defendant C.”

E. Defendant C did not pay interest on the instant loan from January 20, 2017 to the Plaintiff.

[Evidence Evidence: Descriptions of Evidence Nos. 1 through 6 and the purport of the whole pleadings]

2. According to the above facts of recognition as to the cause of the claim, Defendant C and Defendant Corporation.

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