2. Defendant.

A. On October 14, 2014, the Plaintiff loaned KRW 9,800,00 to Defendant C at the interest rate of KRW 1.7% (based on the base interest rate), and on October 31, 2016, the expiration date of the loan (hereinafter “instant loan”). The expiration date was extended on October 31, 2018 thereafter.

B. Defendant C leased, from the Korea Land and Housing Corporation, the real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant Korea Land and Housing Corporation to KRW 14,108,00,00, and the lease term from November 1, 2014 to October 31, 2018. On October 8, 2014, Defendant C transferred to the Plaintiff the right to refund the lease deposit amount of KRW 14,108,000 to secure the performance of the instant loan, and notified the Defendant Korea Land and Housing Corporation of the said transfer of the said claim with the content certification.

C. Meanwhile, Defendant C paid interest on the instant loan only until October 16, 2018, and did not pay it thereafter. As of January 1, 2019, the principal and interest on the relevant loan obligation amounted to KRW 9,434,560.

[Reasons for Recognition] Defendant C: The Defendant Korea Land and Housing Corporation: Each entry in the evidence No. 1 to No. 7, and the purport of the whole pleadings

2. The assertion and judgment

A. The deposit received in the lease of real estate guarantees all the lessee’s obligations under the lease, such as the lease obligation, the obligation to compensate for the loss or damage of the object, etc., and the amount equivalent to the secured obligation is naturally deducted from the deposit without any separate declaration of intention, unless special circumstances exist to the effect that the object is returned after the termination of the lease relationship, and the right to return the deposit was transferred.

The same shall also apply to the case.

B. According to the above facts, the instant lease contract was terminated on October 31, 2018.

As such, Defendant C is obligated to deliver the instant real estate to Defendant Korea Housing Corporation, and Defendant Korea Housing Corporation is simultaneously obligated to deliver the instant real estate from Defendant C to the Plaintiff.