청구이의
1. The Defendant’s decision on performance recommendation is based on the Seoul Western District Court Decision 2016Gaso426580 regarding the Plaintiff.
1. Facts of recognition;
A. On December 2, 2011, the Plaintiff purchased from Yongsan-gu Seoul Metropolitan Government, and 111, No. 111 (hereinafter “instant building”) from Yongsan-gu, Seoul, and completed the registration of ownership transfer on January 12, 2012.
B. On November 5, 2010, E leased the instant building from B and operated the restaurant. Around 2012, E entered into a lease agreement including the following special agreement (hereinafter “instant lease agreement”). Around November 30, 2012, the lease deposit amount of KRW 20 million between the Plaintiff and the Plaintiff, KRW 7 million per month (payment on January 1), the lease term of KRW 700,000 per month (payment on November 30, 201), and KRW 12 months from November 30, 2012.
B
C. In addition, on December 1, 2012, E entered into a lease agreement with the Plaintiff regarding the instant lease agreement, with the following content:
(1) The current contract with the lessor B shall not be succeeded by the lessor A, and shall not raise any civil or criminal objection thereby.
(2) KRW 20 million shall be replaced by KRW 200,000 per month from January 2013 until the deposit is paid, instead of paying the deposit at the time of the contract.
After that, the Plaintiff filed a lawsuit against E on the grounds that the instant lease contract was not paid for the lease deposit and the overdue loan was terminated (this Court Decision 2015Da34850, 2016 money135), and on January 21, 2016, the decision in lieu of conciliation (the purport that E delivers the instant building to the Plaintiff by March 31, 2016) was finalized around that time.
However, on July 18, 2016, E delivered the instant building to the Plaintiff.
E. Meanwhile, on the other hand, the Defendant, on January 11, 201, received a loan from FF community credit cooperatives as a collateral for the claim for refund of lease deposit against B, and thereafter, as E fails to pay the principal and interest of loan, he/she subrogated 19,941,965 won to community credit cooperatives on November 22, 2013 under the credit guarantee agreement, on the other hand, he/she received the claim for refund of the deposit from community credit cooperatives and received the claim for refund of the deposit from the Plaintiff.