A. The Plaintiff respectively lent C KRW 50 million on July 3, 2014, KRW 70 million on July 10, 2014, KRW 30 million on July 14, 2014, and KRW 3,000 on July 14, 2014.

B. On February 13, 2016, the Defendant entered into a lease agreement with C, setting the lease deposit amount of KRW 170 million with respect to the Daegu-gu D Apartment No. 301, 305 (hereinafter “instant apartment”) from February 13, 2016 to February 12, 2016, and C paid KRW 170 million to the Defendant.

C. After that, C decided to transfer the above right of lease to the Plaintiff instead of paying the above loan amount, and decided to change the lessee’s name as to the apartment of this case to the Plaintiff. Accordingly, on November 13, 2017, the Plaintiff and the Defendant drafted a lease contract with the Plaintiff as the lessee with respect to the apartment of this case, with the same content as the lease contract with C.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, C decided to transfer the right of lease to the Plaintiff with respect to the apartment of this case, and accordingly, C entered into a lease agreement with the Plaintiff and the Defendant on a deposit basis of KRW 170 million with respect to the apartment of this case, thereby making a lease agreement between the Plaintiff and the Defendant with respect to the instant apartment of this case with KRW 170 million.

Therefore, since the above lease term expires due to the expiration of the lease term, the defendant is obligated to pay to the plaintiff the lease deposit of KRW 170 million and damages for delay calculated by the rate of 15% per annum from April 3, 2018 to the day of full payment, which is the day following the delivery date of a copy of the complaint in this case.

B. As to the Defendant’s assertion, the Defendant is unable to pay the said lease deposit to the Plaintiff, since the Korea Credit Guarantee Fund received a decision on provisional seizure of the said lease deposit.