(영문) 수원지방법원 2016.09.20 2015가단146091

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(영문) 수원지방법원 2016.09.20 2015가단146091

청구이의

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1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 15, 2013, B entered into a lease agreement (hereinafter “instant lease agreement”) with C by stipulating that the real estate listed in the attached list (hereinafter “instant apartment”) owned by C is KRW 160,00,000, and the period from May 27, 2013 to May 27, 2015, and entered into the lease agreement (hereinafter “instant lease agreement”). On May 27, 2013, B filed a move-in report on the instant apartment as of May 27, 2013, and obtained a fixed date at the D Office of Young-gu, Suwon-gu, Suwon-si, as of May 27, 2013.

B. B entered into a loan agreement with the Defendant on the deposit basis of KRW 128,80,00 from the execution date of the loan period to the expiration date of the loan period to the expiration date, 6.3% per annum from the execution date of the loan period to the expiration date, 15.3% per annum within one month, 16.3% per annum within two months, 16.3% per annum in excess of two months, 17.3% in excess of two months, 17.3% per annum in excess of two months, and 19% per annum in excess of two months (hereinafter “instant loan agreement”).

C. B on May 21, 2013, with the Defendant as a security for a loan of the instant loan loan agreement, and as a security for B’s loan contract with the Defendant, the lease agreement of the instant loan agreement with B is the above.

On May 22, 2013, a sub-lease was established with respect to the claim for the return of the deposit prior to the entry in the port, and the written contract for a sub-lease was the fixed date as of May 22, 2013, and C, as of May 24, 2013, upon consent to the creation of the above sub-lease between B and the defendant as the sub-lease of the lease contract in this case, upon the expiration of the contract, shall notify you in advance if the renewal is required. If the contract is terminated or converted into monthly rent, the problem may arise in repayment of the loan prior to the termination of the contract. Therefore, such contract will not be concluded without the consent of the defendant, and if the owner of the house is changed due to the sale of the object, the loan was treated as the loan and the contents of the sub-lease are applied to the new owner, and shall be notified to the defendant.

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