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(영문) 수원지방법원 2018.03.29 2017가단6562
대출금등
Text

1. Defendant A shall pay to the Plaintiff KRW 101,10,00,00 out of KRW 103,543,233 and the said money, with full payment from February 17, 2017.

Reasons

Facts of recognition

As between the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”), the Defendant leased the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by Nonparty 57,640,00 with a public rental housing unit by the term on November 26, 2013, by the end of December 31, 2015, the lease deposit amount of KRW 461,120, monthly rent of KRW 460, and the term of lease of KRW 60,464,00, monthly rent of KRW 483,710, monthly rent of KRW 483,710, and the term of lease of KRW 483,710, December 31, 2017 was renewed by the end of December 23, 2016.

On February 22, 2016, when lending KRW 101,00,00 to Defendant A, the Plaintiff entered into a loan transaction agreement with the Plaintiff to pay 24 months of loan period, repayment of principal and interest on repayment method, interest rate of 4.9% per annum from 1st to 31st day of arrears, interest rate of 23% per annum from 32th day of arrears, interest rate of 23.5% per annum from 32th day of arrears, and interest rate of 24% per annum from 91 day of arrears, and the Defendant A agreed to lose the benefit of time and immediately repay the obligation to the Plaintiff.

On February 22, 2016, the Plaintiff entered into a pledge agreement with Defendant A on the claim for the refund of the lease deposit against Defendant A to Nonparty Corporation as a security for the foregoing loan claim, and notified Nonparty A of the pledge agreement on February 23, 2016.

Defendant A, from November 16, 2016, failed to repay the above loan to the Plaintiff. Accordingly, on behalf of Nonparty A, the duplicate of the instant complaint indicating the Plaintiff’s intent to terminate the lease agreement on the instant real estate was served on Defendant A on March 8, 2017.

Defendant B had resided in the instant real estate since before the instant lawsuit was filed.

On the other hand, the plaintiff filed the lawsuit of this case against the non-party corporation, but the court of this case on December 4, 2017 "the non-party corporation did so from the defendants."

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