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Reasons
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(영문) 서울동부지방법원 2015.10.28 2015가단5751
건물명도 등
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1. Defendant A’s interest rate of KRW 181,00,081 and KRW 129,165,102 among the Plaintiff shall be from February 16, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 29, 2006, Defendant A leased the real estate indicated in the separate sheet from Defendant B, with a deposit of KRW 160 million, and the period from December 28, 2006 to December 28, 2008. The lease thereafter was renewed by December 18, 2014.

B. The Plaintiff was granted by Defendant A a pledge on the claim for the refund of the said lease deposit against the Defendant B, based on the maximum debt amount of KRW 160 million, and the Defendant B consented to the creation of the said pledge.

C. On December 20, 2010, the Plaintiff implemented the loan by setting the maximum amount of KRW 128 million to Defendant A, interest rate of KRW 4.1% per annum, interest rate of KRW 25% per annum, and due date of repayment on December 20, 2013. As of February 15, 2015, Defendant A failed to pay the total of KRW 181,008,08,081, including the principal amount of the loan as of KRW 129,165,102, interest rate of KRW 51,842,979, etc.

【Ground for Recognition 【Plaintiffs and Defendant A: The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 4 (including evidence attached with a provisional number), the purport of the whole pleadings, and the fact that there is no dispute between the plaintiff and Defendant B

2. Determination

A. According to the above facts, Defendant A is obligated to pay to the Plaintiff the principal and interest of KRW 181,008,081 as well as damages for delay calculated by the agreement of 25% per annum from February 16, 2015 to the date of full payment.

B. In addition, according to the above facts, since the lease of the real estate stated in the separate sheet has been terminated at the expiration of the term, Defendant A, the lessee, at the Plaintiff’s request by the lessor, subrogated to Defendant B as the pledgee of the claim for refund of deposit, is obligated to deliver the above real estate to Defendant B, and Defendant B, the pledgee, at the same time, is obliged to pay the deposit amount of KRW 160 million to the Plaintiff, the pledgee.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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