beta
Text
1. Defendant A delivers to Defendant Korea Land and Housing Corporation real estate listed in the separate sheet;
2. Defendant.
Reasons
1. Determination as to the claim against Defendant A
A. (1) On March 2, 2012, Defendant A entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on a set of two years, lease deposit amount of KRW 23,064,00, and monthly rent of KRW 133,630 with respect to real estate stated in the attached list owned by the Defendant Corporation.
(2) Defendant A borrowed KRW 18,700,00 from the Plaintiff (former title: Fungwon Community Credit Cooperatives prior to the change: 19,000 from the rental apartment deposit, transferred the above lease deposit repayment claim to the Plaintiff, and on February 28, 2012, notified the Defendant Corporation of the assignment of the above claim.
(3) Defendant A agreed to collect lease deposit from the Plaintiff and appropriate it to repay the principal and interest of the loan even if the maturity date is too excessive at the time of the above loan transaction agreement or even before such maturity period is extended.
(4) After March 2, 2016, Defendant A entered into a lease renewal agreement between Defendant A and Defendant A with the term of lease increased to KRW 1,130,00,00 and the term of lease until February 28, 2018. Defendant A transferred the returned claim to the Plaintiff for KRW 1,130,000, and notified Defendant Corporation of the said assignment of claim on March 11, 2016.
(5) On the other hand, on March 10, 2017, Defendant A prepared and delivered to the Plaintiff a letter of commitment that “The term of the loan extended by three months until June 15, 2017, repayment of the full amount of the loan at the expiration of the term of the loan, delayed repayment and repayment period, overdue interest at the time of default and repayment of rent and management expenses, repayment of the full amount, loss of the interest at the time of default, and repayment of the principal in full, and no objection shall be raised against compulsory recovery measures or commencement of legal procedures (e.g., execution of a named lawsuit and corporeal movables)” (hereinafter “instant letter of commitment”).
However, the term of loan between the plaintiff and the defendant A was extended on August 15, 2017.